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Both parties failed to reach an agreement on certain issues after three pre-trial conferences prompting Justice Susan Mavangira to refer the civil dispute to trial.
The Registrar of the High Court is yet to set the matter down for hearing in an open court.
Ndlovu claims on 8 January this year he entered into an agreement with Twalumba to use his expertise to play and inspire the growth of Highfield United, a football club owned by the firm.
According to the said agreement, Twalumba was supposed to pay Ndlovu US$55 000 as a signing on fee.
The fee was supposed to be paid upon Ndlovu putting his signature on the contract.
Ndlovu, according to the agreement, was entitled to US$2 500 monthly for the services.
On 8 January, Ndlovu appended his signature to the agreement.
In breach of the agreement, it is alleged Twalumba did not pay the signing on fee.
In defence, Twalumba argued that Ndlovu did not use his expertise to inspire the growth of Highfield United.
The firm argues that he never played for the team as agreed and was not entitled to the US$55 000.
Signing on fees, according to Twalumba, were payable to footballers who specifically join a team as a player but Ndlovu joined Highfield United as a partner.
“The plaintiff’s claim is tantamount to unjust enrichment in that the plaintiff is seeking to benefit from a partnership where no profits or gain was enjoyed by either party.
“The monies being claimed by the plaintiff cannot be said to be due without any contribution done by the plaintiff for the benefit of the partnership,” the defendant’s plea read.
Sinyoro and Partners law firm is acting for Twalumba Holdings while Mtetwa and Nyambirai is representing Ndlovu.-The Chronicle
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