12th September 2023.
Kampala, Uganda – The Commercial Court has dismissed a case filed against renowned Ugandan musician Edirisa Musuuza, popularly known as Eddy Kenzo. The lawsuit, brought forward by Luba Events Limited, sought damages exceeding UGX 146 million, alleging a breach of contract by the celebrated singer. The case was dismissed by Justice Anna Mugenyi due to a procedural lapse on the part of the plaintiff.
The court ruling hinged on the fact that Luba Events Limited did not follow the necessary steps to have the case properly heard and determined by the court. Specifically, the plaintiff failed to file a summons for directions, a critical procedural requirement in such cases.
The dispute traces its origins to 2020 when Eddy Kenzo engaged the services of Luba Events to promote his music, particularly in areas where he was scheduled to stage the “Eddy Kenzo Festival.” Luba Events, acting under the authorization of its director, Moses Lubulwa, purchased Kenzo’s performing rights for UGX 120 million as part of their agreement. A partial payment of UGX 40 million was made to the artist.
However, unforeseen circumstances arose as the COVID-19 pandemic swept across the globe, leading to nationwide lockdowns in Uganda. This lockdown resulted in the suspension of various activities, including public events and live music performances.
Luba Events asserted that, following the lifting of the lockdown, they communicated potential future performance dates to Kenzo. However, the singer allegedly failed to respond to their proposals. The company also claimed that Kenzo refused to refund the money paid to him and the service providers involved in advertisements, promotions, and venues, leading them to seek UGX 146 million in special damages.
In response, Kenzo argued that the contract between him and Luba Events had been discharged due to the unforeseen circumstances caused by the pandemic. He contended that there was no binding contract between the parties following the lockdown.
Furthermore, Kenzo asserted that the particulars of the special damages sought by Luba Events had been exaggerated. He also claimed that Luba Events had received compensation from the government’s COVID-19 Stimulus Fund through the Uganda National Cultural Centre after presenting their claim for the canceled concert.
In light of these arguments, Justice Anna Mugenyi ultimately dismissed the case against Eddy Kenzo on procedural grounds, highlighting that the failure to file a summons for directions led to the abatement of the case.
While this marks a significant development in the legal proceedings, it remains to be seen whether Luba Events Limited will take further legal action in pursuit of their claims against the singer. The dispute underscores the complexities that can arise in contractual agreements, particularly in the face of unexpected events like the COVID-19 pandemic.
