An entertainment firm, Kilimanjaro Entertainment Limited has been dragged before a High Court of Lagos, for breach of agreement to bring British singer, Craig David to Nigeria and failure to refund the sum of $60, 000.
The entertainment outfit was dragged before the court by a group of companies, Sahara Group Limited.
The claimant is asking the court for an order directing Kilimanjaro Entertainment Limited, to pay compound interest at the rate of 18 percent per annum on the said $60, 000 USD or its Naira equivalent at the Parallel Market rate from January 22, 2014 until judgment.
The claimant is also asking court for an order directing the Defendant to pay compound interest at the rate of 10 percent per annum on the entire judgment sum from the date of judgment until the entire sum is liquidated and Costs of instituting the suit.
Sahara Group Limited, in its statement of claim filed before the court by its lawyer, Pius Sodje, stated that the entertainment outfit which has its registered office at 224 Etim lnyang Crescent Victoria Island Lagos, was approached sometime in 2013, when it decided to organise an end of year party to appreciate its staff and clients.
The claimant averred that in furtherance of the above stated decision, it contracted the defendant to handle the entertainment aspect of the end of year party. Wherein the defendant sent a proposal for the entertainment. And that part of the proposal by the defendant includes inviting a very popular American musician, Craig David to perform at the party and that for the performance of the musician the defendant charged a total sum of USD 110, 000.00.
The claimant stated that upon receipt of the fee for the performance of Craig David from the defendant, it made payment for the full amount of $110, 000 USD and thereafter sent out invitations to its clients, staff and other prominent members of the society informing them that Craig David was going to perform at the party.
The claimant avers further that to its greatest surprise, few days to the date of the party, it was informed by the defendant that it could no longer fulfill its mandate of inviting Craig David to perform at the party again but it has an alternative in the person of Asa and that she has agreed to be paid $50,000 USD only, for her performance. Adding that faced with this situation and in order not to totally disappoint its guests, it agreed to the performance of Asa instead of Craig David and the parties thereafter agreed that the balance of $60, 000 USD, from the initial payment of $110, 000 USD, paid to the defendant for the performance of Craig David be refunded.
The claimant averred further that after the event, it initiated discussions with the defendant on the refund on $60, 000 USD and on January 2, 2014, through its Managing Director, Babatomiwa Adesida wrote an email to the Defendant’s Managing Director, Mr. Femi Akande on his email address, demanding for the refund of $60, 000 USD. Adding that upon receipt of the email the defendant’s Managing Director Mr. Femi Akande, by an email sent to it on January 22, 2014, confirmed the outstanding amount to be refunded as $60, 000 USD and promised to make the refund soonest.
Sahara Group Limited also stated that despite the acknowledgment of the outstanding sum and the promises made to pay, the defendant has remained adamant in fulfilling its obligation of refunding the outstanding sum. As a result, it briefed the law firm of Le Pestro Solicitors and instructed them to recover the funds from the defendant.
It stated that following the its instruction, the law firm wrote two letters to the Defendant through its Managing Director Mr. Femi Akande, whose email address has been channel of communication between them in course of the transaction that led to this suit.
The claimant added that by an email sent on July 19, 2019, it’s counsel on its behalf attached a demand letter dated July 18, 2019 requesting for the refund of the $60, 000 USD, within 14 days of the receipt of the letter or a meeting of parties for amicable resolution of the matter.
It adds that despite the receipt of the email and the attachment the defendant refused to refund the money and did not even bother to have any meeting with the claimant as requested.
And following the expiration of the period for payment in the Ietter attached to the email of July 19, 2019, it’s Solicitor by another email dated August 16, 2019 sent to the Managing Director of the Defendant Mr. Femi Akande attached a further letter of demand with August 26, as the deadline for payment. The Defendant in its usual manner ignored the letter.
The Claimant avers that the refusal of the Defendant to refund the money or attend any meeting is deliberate and intended to deny the Claimant the use of its funds. And that the Defendant’s action has caused it great loss as the funds the defendant tied down would have by now yielded profit if it had invested same in its business.
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Consequently, the Claimant asked for the above orders and claims against the Defendant.
Meanwhile, Justice K. O. Dawodu, has fixed February 13, 2020, for the hearing of the suit, but Kilimanjaro Entertainment Limited is yet to file any response or counter to the suit.
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