Online Reporter
Curtworth Masango, Zimpapers Sports Hub
FORMER Warriors midfielder Last Jesi is contesting a US$50 000 claim brought by football agent George Deda over his transfer to Sudanese giants Al-Hilal in 2020, with the matter returning to the Mutare Magistrates’ Court after the High Court rescinded a default judgment previously entered against the player.
Advocate Wilbert Mandinde is representing Jesi, while former Dynamos secretary Brian Kashangura, of Mabundu Attorneys, is appearing for Deda.
Deda is claiming US$50 000 in alleged outstanding agency fees, together with a 10 percent collection commission, interest and legal costs.
Court documents show that enforcement proceedings sought to recover at least US$55 012 from Jesi, excluding additional interest and execution-related costs.
Deda alleges that he facilitated Jesi’s move to Al-Hilal and negotiated a three-year contract for the player, running from October 20, 2020, to October 19, 2023.
According to the particulars of claim, the contract provided for a US$45 000 signing-on fee, a monthly salary of US$2 500, accommodation, transport and return air tickets.
Deda contends that the contract was potentially worth US$225 000 over its three-year term.
He further alleges that he subsequently entered into an agency agreement with Jesi under which he became entitled to US$50 000 from the player’s future earnings.
“The Plaintiff facilitated the Defendant’s movement from Zimbabwe to Sudan and negotiated a deal for him for commission,” Deda’s lawyers submitted.
Deda also claims to have spent US$4 314 on airfares and other personal expenses on Jesi’s behalf.
Al-Hilal allegedly terminated Jesi’s contract prematurely in April 2021, resulting in proceedings before football governing bodies.
Deda claims Jesi later received US$300 000 in salaries and compensation following proceedings before FIFA and the Court of Arbitration for Sport, but failed to pay the alleged agency fee.
The assertion that Jesi received US$300 000 has not yet been tested during a full trial.
Deda initially secured a default judgment after Jesi failed to enter an appearance to defend summons issued in December 2023. Enforcement proceedings followed, culminating in the reported sale in execution of Jesi’s property at Number 1775 Hobhouse in Mutare.
Jesi subsequently applied for rescission of the judgment, arguing that he had not been personally served with the summons and only became aware of the proceedings after seeing an auction notice in April.
The Magistrates’ Court initially dismissed the application, finding that service of the summons through his mother at the Hobhouse property constituted valid service.
However, Jesi successfully appealed that ruling. On July 8, High Court judges Justices Muzenda and Siziba upheld the appeal and rescinded the default judgment.
The High Court ordered Jesi to enter an appearance to defend within seven days, allowing him to challenge Deda’s claim on its merits.
Jesi has since filed a special plea arguing that the Mutare Magistrates’ Court lacks jurisdiction to hear the matter.
He maintains that he has never resided in Mutare and argues that the football transaction at the centre of the dispute was largely conducted outside Zimbabwe.
“The Defendant was not resident within the territorial jurisdiction of this court,” Jesi’s lawyers submitted.
“The contractual relationship relied upon concerns an international football transaction substantially performed outside Zimbabwe.”
Jesi also disputes the existence of the alleged agency agreement and maintains that Deda acted as an intermediary for Al-Hilal rather than as his personal representative.
He argues that any commission due to Deda should therefore have been paid by the Sudanese club.
Deda is opposing the special plea, insisting that Jesi’s last known address was the Hobhouse property and that the summons were properly served there.
He argues that the Mutare court has jurisdiction because the property belonged to Jesi and was occupied by his relatives.
Deda further maintains that the dispute arises from a separate agreement allegedly entered into between him and Jesi in Zimbabwe, rather than from the player’s employment contract with Al-Hilal.
