Allan Chimbetu Claims  $10 000 Allan Chimbetu
Allan Chimbetu

Allan Chimbetu

Prosper Dembedza Court Reporter
Dendera musician Allan Chimbetu is claiming $10 000 from a Bulawayo Sports Bar to cover for his expediencies, damages and losses he incurred after being hired to perform at that club.
Chimbetu last week filed an application at the Harare Civil Court citing Honest Sibanda who is the managing director for Whatever Sports Bar as the first defendant and Whatever Sports Bar as the second defendant.

According to his application Chimbetu and the 1st defendant entered into a verbal contract through the phone and they agreed that he was to play at defendant’s club.

Chimbetu said he had agreed with the defendants that they were going to provide all transport expenses for the band members to Bulawayo, the equipment hiring costs, food and accommodation for the band members and that he would collect all revenue paid by the revellers at $3,00 per head which would be charged at the gate.

Chimbetu’s application revealed that the defendant had agreed to also pay the same cover charge for all revellers already in the club by the time the gate fee would become effective.

“On Sunday November 3 2013, plaintiff arrived at the venue and set up the equipment ready to play. He requested the defendants to hand over the sum of plus or minus $1 500 for the plus or minus 500 people who were already in the venue.

Defendants refused to do so and advised plaintiff to remove those people from the club and plaintiff was unable to play and incurred losses and damages,” reads Chimbetu’s application.

Chimbetu said he incurred losses in the sum of $3 000 which he normally charges as a flat fee or an expected revenue of $3 000 from charging revellers, he suffered damages in that his name was tarnished among both the revellers and promoters for not playing that night and he estimates the damages to be the sum of $6 000 and he also suffered apprehension when revellers threatened to burn up the bus carrying band members and equipment and he estimates the damages herein to be the sum of $1 000.

In his opposition papers Mr Sibanda, who is the 1st defendant, denied all the allegations levelled against him.

According to the agreement the 2nd defendant was to give plaintiff a sum of $250 for printing of posters which the 2nd defendant did through plaintiff’s manager.

The plaintiff’s personnel did not print the posters on time despite having been paid,” reads Sibanda’s opposition papers.

Sibanda stated that several calls were made to one of plaintiff’s managers by 1st defendant on behalf of 2nd defendant but the posters were still not brought.

“Three days before the show 1st defendant, on behalf of 2nd defendant, told the manager he had been communicating with to consider cancelling the show as it was likely to be a flop as no posters had been put at the time, that is three days before a show,” Sibanda’s opposing papers read.

The matter is expected to heard in court soon.

 

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