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Former Miss Malawi Mable Pullu has sued mobile phone network operator Telekom Networks Malawi Limited (TNM) for breach of contract.
In her affidavit filed to the court, Pullu said despite her protests to have her face removed from TNM billboards, TNM continued to use her graphic presentation on billboards.
Pullu’s lawyer Alinane Kauka of Raymond and Hughes legal firm, said in his skeleton arguments dated October 25, 2004 that his client is seeking an injunction requiring TNM to remove billboards in question.
She is also seeking damages for breach of contract and costs for the court action, according to court records on the case.
Court records show that the contract was signed between the previous organisers of the Miss Malawi Beauty Pageant, Professional Fashions and TNM for her to appear on the network provider’s billboards for one year from June 4, 2003 to June 4, 2004.
There was also a provision for an extension of six months after her reign ended on March 26 this year and that extended period expired on September 24, 2004.
The court records also indicate that there was a sum of K4,000 for Pullu to appear on the billboard for 12 months and at the end to have her photograph removed from them.
The service provider, however, exceeded the agreed time and despite Pullu’s protests, TNM outrightly refused to remove her face on the billboards which were located on different spots in the cities of Blantyre and Limbe until last week.
TNM argued in a letter dated October 15, 2004 that Pullu could not sue because she was not a signatory to the contract.
But in his skeleton arguments, Kauka argued that Pullu can sue on the contract despite not being a signatory.
“The argument that she cannot sue because she is not a signatory to the contract is as feeble as it is alien to law,” he said, adding that a proper understanding of the contract reveals that there was a distinction between rendering services and appearing on billboards.
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