Wendall sues airline over botched deal

Wendall Parson

Lawyers representing Big Brother star, Wendall Parson, have approached the High Court seeking damages from an airline whose deal meant to benefit children, collapsed before consummation. Mtetwa and Nyambirai legal practitioners want $21 500 as damages for a botched deal which has soured relations between Wendall and the airline.

The High Court issued summons on February 20 to Matipedza Karase a pilot and his former company Fresh Air trading under Nu Aero Private Limited listed as defendants. The summons outlined Wendall’s claim against the defendants for the payment of the sum of $21 500 being the amount outstanding in terms of an agreement between the two parties. Karase and Fresh Air were given a period of 10 working days after the service of summons to oppose Wendall’s claim if they so wish. They were advised to enter an appearance to defend at the Registrar of the High Court, Harare in 10 days excluding weekends and public holidays.

The Daily News on Sunday contacted Karase on Friday who said he was still to receive the summons. “We have not received any summons. We are definitely not going to pay Wendall. We maintain our position that we were not at fault as we were ordered to stop flying by the Civil Aviation Authority of Zimbabwe.”

Wendall, a trained pilot and last year’s winner of BBA is one of Zimbabwe’s celebrities. The deal he entered with Fresh Air and Karase was going to benefit hundreds of school children from a total of 19 Harare schools. School children were paying $70 for flying and an hour of touring Great Zimbabwe as well as an opportunity to be photographed with Wendall. In a declaration lodged with the High Court Mtetwa and Nyambirai legal practitioners explained that on September 23, 2011, Karase representing himself and the aviation company, Fresh Air, entered into an agreement with Wendall.

The terms and conditions of the agreement were that Fresh Air would utilise the good name and services of Wendall for a total fee of $31 500. The declaration said the period of agreement was from September 23 to November 30 2011. The papers said in compliance with the agreement, Wendall performed his obligations and made himself available to Karase and Fresh Air.

Karase and Fresh Air only paid Wendall $10 500 leaving a balance of $21 500. The declaration said despite demand, the defendants have failed and/or neglected to pay the outstanding balance. The lawyers stated they want Karase and Fresh Air to pay Wendall $21 500 being amount due and outstanding in terms of an agreement between the parties. They also want them to pay cost of suit at an Attorney and Client scale.

The Daily News on Sunday contacted some Harare schools that confirmed that their children had paid for the trip. However, they said children’s money was refunded after cancellation of the trip. “The children were obviously excited since to most it was going to be their first time to fly,” said a school official who refused to be identified. Karase, a pilot said Fresh Air has not resumed flights and he was out of employment. 

“We are not operating; I am no longer part of the company anymore. A lot of damage was dealt to the company after this dispute. I had to put the company’s interests first and step down.” Fresh Air only flew once out of over 30 scheduled flights with children to Great Zimbabwe because it was not issued with a formal approval for the flight.  It was supposed to be issued with an Air Operator Certificate which would have allowed the aviation company to conduct commercial operations in accordance with the operation specifications and Civil Aviation Regulations.

During the only flight with Wendall in the cockpit, the BBA star was forced to abandon his landing at Masvingo Airport and return to Harare with the first batch of children on board. Karase explained that this was due to absence of fire cover at Masvingo Airport. Wendall’s lawyer in an interview earlier this month maintained that Karase and Fresh Air are supposed to pay on condition of clause two and three of the contract signed between Wendall and Fresh Air, which stated in part the amount of money supposed to be paid and the type of work and period. (DailyNews)