Airline challenges Wendall payout

By Tendai Kamhungira

HARARE – An airline has appealed to the country’s highest court after failing in its latest attempt to block a $24 500 payout to former Big Brother Africa reality TV star Wendall Parson.

The High Court sided with the Zimbabwean Big Brother Africa winner in his long-running legal battle with Nu-Aero (Private) Limited, trading as Fresh Air Avtour over a demand for brand ambassador fees that Wendall entered with Matipedza Karase, who was representing Fresh Air Avtour.

The terms and conditions of the agreement were that Fresh Air Avtour would utilise the good name and services of Wendall for a total fee of $31 500.

The airline paid $7 000, leaving a balance of $24 500. The declaration said the period of agreement was from September 23 to November 30, 2011.

In the deal, Parson was to fly thousands of school children to the Great Zimbabwe. However, the deal was halted after flights were cancelled, but Parson demanded payment based on the terms of the agreement.

High Court judge Joseph Mafusire granted an order in Parson’s favour in November last year, directing the airline to pay the television star his money.

In their Supreme Court appeal papers filed on Wednesday, Karase and Fresh Air Avtour said that Parson was not entitled to the payment.

“The court aquo erred in failing to uphold the appellants’ (Karase and Fresh Air Avtour) defence that the withdrawal of the flights by Civil Aviation Authority of Zimbabwe constituted a vis maoir which terminated a contract between the appellants and the respondent (Parson),” they argued.

“The court aquo erred in failing to make a finding that upon cancellation of the flights, respondent was not entitled to any payment, as the payment for the project was wholly dependent upon the flights, arising from the money paid by school children.”

In the previous High Court application, the airline argued when the flights were cancelled after only one successful flight had been conducted out of the total 31 scheduled flights.

The firm said that Parson only managed to perform one of 31 of his obligations in terms of the contract. The firm now seeks an order setting aside Mafusire’s ruling. Daily News