The duo was being sued for US$4 850 by Tamba Management
Events, organisers of musical show, Braai Out, for allegedly failing to perform
at the event.
They were also demanding US$350 which they claimed the duo
was paid as deposit.
Tamba Management had said US$4 500 was being claimed for
loss of business.
Tocky Vibes and his manager were represented by Advocate
Edwin Hamunakwadi, who mounted a fierce opposition to the suit.
They argued that Tamba Management were in the wrong forum
as the contract stipulated arbitration as a means for dispute resolution not
the courts.
They also stated that the entity could not seek summary
judgment in a lawsuit of damages which required the plaintiff to adduce
evidence in court physically to justify and quantify the damages claimed
because damages cannot be granted via motion.
The defence counsel also put Tamba Management to task,
saying the company in fact breached the contract because it was obliged to pay
the artiste’s full fees a week before the event, but didn’t.
Advocate Hamunakwadi also raised that a claim of interest
at the rate of 100 percent is contrary to public policy.
Tamba Management then withdrew its summons and application
for a summary judgment. H Metro
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