RENOWNED gospel musician, Mathias Mhere, has been dragged to the High Court by a local musical instruments supplier, Tropical Sounds and Music Distributors (Pvt) Ltd, which is seeking to recover over $11 000 for the equipment he allegedly bought on credit.
BY CHARLES LAITON
According to the summons filed by the firm, which Mhere confirmed to have received on Monday this week, the gospel icon owes the musical instruments suppliers a total of $11 167,75 for the equipment he bought between April 2014 and May 2015.
Through his lawyers, Mutamangira and Associates, Mhere responded to the summons indicating his intention to defend the claim.
“Be pleased to take notice that at Harare on this 16th day of May 2013(7) at 16:00, the defendant (Mhere) entered an appearance to defend in this action. The summons were served on the defendant on the 15th day of May 2017,” read part of Mhere’s lawyers response.
In its declaration forming part of the lawsuit, Tropical Sounds and Music Distributors (Pvt) Ltd said on April 22, 2014, it entered into an agreement with Mhere for the purchase of musical instruments on credit.
As a result of the agreement, the firm said, on the same date it sold musical instruments worth $2 055 to Mhere, the artiste paid a deposit of $1 000.
On May 13, 2015 the firm also said, it further sold another bunch of musical instruments worth $10 112, 75 for which the gospel artiste again paid a deposit of $2 050.
“In terms of the agreement the full purchase price was to be paid within sixty days of delivery of the musical instruments for each invoice. From May 13, 2016 to date the defendant (Mhere) has not paid anything towards both invoices despite the plaintiff’s (Tropical Sounds and Music Distributors (Pvt) Ltd) efforts and demands to the defendant to clear its debt,” the firm said.
“The failure by the defendant to pay has resulted in the plaintiff engaging a legal practitioner to recover the outstanding amount of $11 167, 75, therefore, the costs should be on an attorney client scale.”
The firm accused Mhere of breaching the terms of the agreement by failing to pay the outstanding amount, a move that had prompted it to approach the court for recourse.
“Despite demand the defendant (Mhere) has failed, refused and neglected to pay the claimed amount which remains due and outstanding.
Wherefore, plaintiff’s claim is for payment of $11 167, 75 being the outstanding amount for the musical instruments sold and delivered to the defendant, and interest at the prescribed rate of 5% per annum running from the date the amount became due to the date of full and final payment plus cost of suit on an attorney and client scale,” the firm said.