Online Reporter
Curtworth Masango
Zimpapers Sports Hub
FORMER Warriors midfielder Last Jesi is challenging a US$50 000 claim brought by football agent George Deda over the player’s move to Sudanese giants Al-Hilal in 2020.
The matter has returned to the Mutare Magistrates’ Court after the High Court rescinded a default judgment that had been entered against Jesi.
Advocate Wilbert Mandinde represented Jesi, while former Dynamos secretary Brian Kashangura, of Mabundu Attorneys, appeared for Deda.
Deda is demanding US$50 000 in alleged outstanding agency fees, together with a 10 percent collection commission, interest and legal costs.
Court papers show that enforcement proceedings had sought at least US$55 012 from Jesi, excluding further interest and execution expenses.
Deda alleges that he facilitated Jesi’s three-year contract with Al-Hilal, which ran from October 20 2020, to October 19 2023.
According to his particulars of claim, the contract included a US$45 000 signing-on fee, a monthly salary of US$2 500, accommodation, transport and return air tickets.
Deda says the deal was potentially worth US$225 000 over its three-year duration.
He alleges that he subsequently entered into an agency agreement with Jesi, under which he was entitled to US$50 000 from the player’s remaining income.
“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 assisting Jesi with airfares and other personal expenses.
Al-Hilal allegedly terminated Jesi’s contract prematurely in April 2021, triggering proceedings before football authorities.
Deda claims Jesi later received US$300 000 in salary and compensation following processes before FIFA and the Court of Arbitration for Sport, but failed to pay the alleged agency fee.
The claim that Jesi received US$300 000 has not yet been tested through a full trial.
Deda initially obtained a default judgment after Jesi failed to enter an appearance to defend the summons issued in December 2023.
Enforcement proceedings followed and Jesi’s property at Number 1775 Hobhouse in Mutare was reportedly sold in execution.
Jesi subsequently applied for rescission, arguing that he had not been personally served with the summons and only learnt about the judgment through an auction notice in April.
The Magistrates’ Court initially rejected his application, ruling that service of the summons through his mother at the Hobhouse property had been legally sufficient.
However, Jesi successfully appealed against that decision.
On July 8, High Court judges Justices Muzenda and Siziba allowed the appeal and rescinded the default judgment.
The High Court ordered Jesi to enter an appearance to defend within seven days, giving him an opportunity to contest Deda’s claim on its merits.
Jesi has since raised a special plea arguing that the Mutare Magistrates’ Court lacks jurisdiction to hear the dispute.
He maintains that he has never lived in Mutare and says the relevant football transaction was substantially 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 alleged agency agreement and maintains that Deda acted as an intermediary for Al-Hilal rather than as his personal representative.
He argues that any payment due to Deda should consequently have been made by the Sudanese club.
Deda opposes the special plea, maintaining that Jesi’s last known address was the Hobhouse property and that the summons were properly served there.
He says the Mutare court has jurisdiction because the property belonged to Jesi and was occupied by his relatives.
Deda also argues that the dispute is based on a separate agreement allegedly concluded between him and Jesi in Zimbabwe, rather than the player’s employment contract with Al-Hilal.
