Twalumba takes Peter Ndlovu appeal to the Supreme court

TWALUMBA Holdings has appealed to the Supreme Court against the recent judgment by the High Court compelling the company to pay former Highfield United player and coach Peter Ndlovu signing-on fees to the tune of  US$55 000.

Ndlovu obtained a court order against the owners of Highfield United claiming the outstanding fees after his contract with the football club was terminated.

According to the agreement between the soccer legend and Twalumba, Ndlovu was entitled to the money or a house of the same value immediately after signing or within the month of signing.

Justice Mary Zimba-Dube ruled in favour of Ndlovu after finding that there was a valid contract between Twalumba and Ndlovu and that the football legend was entitled to the money.

Harare lawyer Mr Harrison Nkomo of Mtetwa and Nyambirai law firm represented Ndlovu while Sinyoro and Partners law firm acted for Twalumba.

In the notice of appeal filed at the Supreme Court last week, Twalumba argues that the High Court erred in granting Ndlovu the order he sought.

The company argues that the court wrongly concluded that the memorandum of agreement signed between the parties constituted a football contract.

Twalumba contends that there was no valid agreement between the parties and that the judgment should be overturned.

"It is trite that a contract, which is vague on material terms, is unenforceable and void for vagueness at law.

"The court a quo having taken note of the vagueness and absurdity of the would-be contract, erred and misdirected itself in concluding that whatever it was, the parties nevertheless created a binding relationship upon which duties followed, when no valid agreement was reached or created.

"The court erred in finding that the memorandum of agreement constituted a football contract, which entitles the respondent to signing on fees notwithstanding that the memorandum of agreement lacked the essential elements of a valid football contract in terms of football statutes, customs, laws and procedures," read part of the grounds of appeal.

The High Court found that Twalumba committed itself to buying the house worth US$55 000 and its defence that the parties had agreed to sign a football contract at a later stage was "nonsensical".

On January 8, 2011, the parties entered into an agreement to promote the development of football in Binga as a way of ploughing back to the community. Twalumba engaged Ndlovu's services in spearheading the programme using his skills as a veteran soccer player and coach.

The company wanted to use part of its profits to empower the Binga community through information, knowledge and skills development and sharing. Twalumba was desirous of establishing a vibrant team and a soccer academy targeting young people in Binga. Ndlovu, using his expertise, would play, develop the game in Zimbabwe and inspire the growth of Highfield United Football Club.

According to the agreement, Ndlovu would use his personal vehicle while Twalumba had the responsibility of providing fuel and vehicle maintenance.

Twalumba undertook to pay Ndlovu a monthly salary of US$2 500 per month.  They agreed on signing-on fees of US$55 000 or a purchase of a house of the same value.

After playing five friendly matches for Highfield United, Ndlovu was loaned to Black Mambas FC on a season's free loan. On July 1, 2011, Twalumba terminated the agreement citing breach of contract on the part of Ndlovu.

It was alleged that Twalumba had failed to derive any benefit from its association with Ndlovu as agreed.

Twalumba refuted that Ndlovu had a soccer playing contract with Highfield United entitling him to signing-on fees.