By Mary Taruvinga
LOCAL soccer mother body, Zimbabwe Football Association (Zifa) has been dragged to court again by Led Travel and Tours on allegations of misrepresenting facts to the court, resulting in a default judgement being passed.
The two have been embroiled in a legal fight after the association failed to settle a US$39 000 debt.
Zifa had borrowed the money to finance the national teams’ trip to South Africa and Mauritius for soccer matches.
Led Travel and Tours said Zifa went to court without their knowledge after the company had issued summons and misrepresented facts before the case was struck off the roll.
Now the company wants the case revived.
Led Travel and Tours has approached the courts seeking to revive the case.
The tour company said, besides the debt, Zifa president Felton Kamambo privately negotiated for new air tickets for US$18 000 and gave up his Bulawayo property as surety.
“The application relates to a default judgement granted by the High Court on September 25, this year under case number HC7176/19,” reads the court application.
“The fact of the matter is that on July 24, this year Led Travel and Tours extended a loan of US$39 670 to enable Zifa to buy air tickets.
“Zifa acknowledged the debt and undertook to pay by August 6 this year. Despite due and proper demand from Led Travel and Tours lawyers, Zifa failed, neglected and refused to repay the loan.”
The papers show that on the initial hearing of the matter on September 11 before Justice Mary Zimba-Dube, the matter was removed from the roll.
This was after Zifa lawyers indicated that copies served to them did not have attachments.
“Copies of the attachments were served to them the following day,” the court heard.
Consequently, Zifa wrote to the plaintiff advising them that they had paid US$19 000. US$10 000 was to be paid on September 30 this year and the balance by October 31.”
The parties were then forced into negotiations to conclude the matter without going back to court, the tour company said.
Led Travel and Tours produced proof of payment of US$18 550 and US$21 149 towards serving the US$39 697.
“This left out the issue of costs of suit incurred by the applicant. Unbeknown to the applicant, Zifa attended court on September 25 before Justice (David) Magota in the absence of Led Travel and Tours lawyer’s and the matter was dismissed,” read the application.
“While the main matter was pending, Mr Kamambo privately engaged with Led Travel and Tours representatives for a new and separate ticket arrangement of US$18 550.
“Mr Kamambo personally tendered a deed of transfer for his personal property in order to secure the debt,” said the company.
The case is pending.