Zifa's Omega Sibanda loses $53,000 claim

Zifa's Omega Sibanda loses $53,000 claim
Published: 06 December 2017 (983 Views)
THE High Court in Bulawayo dismissed with costs a $53 000 claim by Zifa vice-president Omega Sibanda against FC Platinum and businessman Worthwhile Mugabe.

Sibanda dragged the cash-flush platinum miners to court seeking to recover $53 000 for "professional services rendered in providing consultancy services, recruitment of players and coaches".

The Zifa vice-president also wanted The Moneybags, as FC Platinum are affectionately known, to pay him for friendly matches, drafting contracts and letters between October 2010 and May 2011.

Sibanda was trading as Links International before he was elected Zifa vice-president.

He wanted FC Platinum and Mugabe to pay the $53 000 claim with interest from June 1, 2011, as well as cover the costs of the suit.

In their defence, FC Platinum vehemently denied ever engaging Sibanda, adding that he "played a role in player transfers on behalf of players themselves as a player agent and never as an agent of FC Platinum".

They said Sibanda should have claimed compensation from the players he represented.

FC Platinum also refuted claims that Sibanda assisted them with rebranding, launching the club or writing letters and contracts, saying that was done by their legal team in consultation with Zifa.

The Zvishavane-based side also denied Sibanda's claims that he assisted the club to register with the Premier Soccer League, saying that they did not need a consultant.

Mugabe, an FC Platinum supporter, said Sibanda, whom he knew outside football circles, had approached him as a "friend" and requested that he be linked with FC Platinum's management as a player agent.

He said Sibanda was seeking deals for possible transfers of his players or players that he represented.

In his final submission, Mugabe "prayed for the plaintiff's (Sibanda) claim to be dismissed with costs".

Dismissing Sibanda's claims with costs in an eight-page judgment, which Chronicle Sport is in possession of, High Court Judge Justice Lawrence Kamocha said Sibanda had failed to present a strong case against FC Platinum and Mugabe.

"The plaintiff (Sibanda) did not call any witnesses to support his story but gave evidence himself for five days and closed his case.

"At the close of his case, the defendants (FC Platinum and Mugabe) applied for absolution from instance. They alleged that the plaintiff had failed to make out a prima facie case in his evidence in chief and under cross examination and re-examination," Justice Kamocha said.

Justice Kamocha said Sibanda's $53 000 claim was unjustified and had not spent that much in conducting the said duties.

"His evidence further fails to substantiate his claim of unjust enrichment. He unilaterally claimed a total figure of $53 000 which he had not spent at all. He therefore did not enrich FC Platinum at his expense and was not impoverished in anyway."

Justice Kamocha said Sibanda claimed to be a consultant yet his claim was not based on consultancy fees.

"What he did was to inflate what was in player agent regulations but still wanted the court to believe that he worked as a consultant. That, however, was belied by all documentary evidence which revealed that he acted as a player agent.

"At the end of it all, it admits of no doubt that plaintiff acted as a player agent (sic). His claim that he did consultancy work is not supported by any evidence led in court.

"In the result, I find that the plaintiff (Sibanda) failed to make out a prima facie case when he closed his case. I would ipso facto (by that very fact) grant absolution from the instance with costs," ruled Justice Kamocha.

- chronicle

 0

You May Like These Videos

Comments

There are no comments.

Latest stories

Chamisa needs to get on with the program now

by Charles Motsi | 23 September 2018 | 93 Views

The Church as seen by a Young Layman: Unmasking the darker side of modernity in Christianity

by Brian Maregedze and Tedious Ncube | 23 September 2018 | 59 Views

UNGA, an opportunity to tell the Zimbabwean story

by Tafara Shumba | 23 September 2018 | 52 Views

Zimbabweans in diaspora ready to build country

by Nobleman Runyanga | 23 September 2018 | 62 Views

Inter Africa bus in fatal head on collision

by Simbarashe Sithole | 23 September 2018 | 75 Views

Remembering Sidney Malunga

by Siphosami Malunga | 23 September 2018 | 92 Views

MDC Alliance council's grand corruption, shady deals exposed

by Staff reporter | 23 September 2018 | 91 Views

Chigumba lashes out at 'sore losers'

by Staff reporter | 23 September 2018 | 78 Views

Chiwenga launches African Dream boat

by Staff reporter | 23 September 2018 | 108 Views

Rogue cops run amok in Harare

by Staff reporter | 23 September 2018 | 110 Views

American investors express massive interest in Zimbabwe

by Staff reporter | 23 September 2018 | 89 Views

Prison boss willing to consider inmates conjugal visits

by Staff reporter | 23 September 2018 | 65 Views

Zanu-PF, Mines ministry officials grab gold mine

by Staff reporter | 23 September 2018 | 61 Views

Obert Mpofu denies growing rich off govt corruption

by Staff reporter | 23 September 2018 | 70 Views

Mnangagwa will not follow Mugabe's ways

by Staff reporter | 23 September 2018 | 68 Views

Extreme greed among MDC Alliance, Zanu-PF MPs shocking

by Staff reporter | 23 September 2018 | 65 Views

Chiwenga ordered army to be in the streets of Harare - Hwende

by Simbarashe Sithole | 23 September 2018 | 118 Views

Man bashes wife over cellphone

by Simbarashe Sithole | 23 September 2018 | 53 Views

ED set to address UNGA 2018

by Ashely Kondo | 23 September 2018 | 58 Views

Schools competition postponed due to cholera

by Stephen Jakes | 23 September 2018 | 54 Views

Mnangagwa lies about Gukurahundi commission, says Mathuthu

by Stephen Jakes | 23 September 2018 | 79 Views

Mnangagwa's message to Uncle Sam

by Staff reporter | 23 September 2018 | 70 Views

Its time to build Zimbabwe - Makamba

by Stephen Jakes | 23 September 2018 | 68 Views

Zimbabweans should brace for belt-tightening

by Staff reporter | 23 September 2018 | 65 Views

Mnangagwa needs the best brains Zimbabwe can produce

by Staff reporter | 23 September 2018 | 66 Views

Boost for Zimbabwe industry

by Staff reporter | 23 September 2018 | 56 Views

Crocodile Gang: 'Last man standing'

by Staff reporter | 23 September 2018 | 59 Views

ED explains to the world he is his own man

by Nobleman Runyanga | 23 September 2018 | 52 Views

Zanu-PF has stabilised

by Dr Obert Mpofu | 23 September 2018 | 55 Views

GMB boss arrested over $1m

by Staff reporter | 23 September 2018 | 57 Views

Govt moves into bulk fuel imports

by Staff reporter | 23 September 2018 | 44 Views

Mnangagwa's game-changing appointments

by Staff reporter | 23 September 2018 | 46 Views

New rules for Zimsec exams

by Staff reporter | 23 September 2018 | 46 Views

Zimbabwe roadblocks to continue

by Staff reporter | 23 September 2018 | 45 Views

Council bank for Bulawayo

by Staff reporter | 23 September 2018 | 45 Views

Foreign Bulawayo mayor calls on councillors and residents to unite

by Staff reporter | 23 September 2018 | 35 Views

'Production costs push price of bread up'

by Staff reporter | 23 September 2018 | 38 Views