JAMAICA-based artiste Reanno Gordon, also known as Busy Signal, was yesterday let off the hook after High Court judge Justice Loice Matanda-Moyo dismissed an urgent application filed by a local promoter, Longcash Entertainment.
BY CHARLES LAITON
Busy Signal came into the country for a music show, but ended up being dragged to the High Court for allegedly failing to honour a contractual obligation.
Justice Matanda-Moyo arrived at her determination in her chambers in a matter where Longcash had cited Turf Music Entertainment, Busy Signal and the Deputy Sheriff as respondents.
Longcash Entertainment was seeking to be reimbursed the sum of $5 500 by the Jamaican artiste.
The developments in the matter were confirmed by Busy Signal’s lawyer, Rumbidzai Venge.
“We are pleased to tell you that the honourable judge dismissed the urgent chamber application with costs. There is an arbitration clause within the agreement that allows for arbitration to be held in Kingston, Jamaica. Such option of recourse is still open to the applicants and they can simply take that. There was no basis for the application to be brought before this court,” she told journalists soon after the hearing in chambers.
“That effectively means Busy Signal is free to move around…and he has nothing to worry about.”
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According to Longcash, claims against Busy Signal arose after he was scheduled to perform in Zimbabwe on August 14 this year, but he reportedly unceremoniously cancelled the arrangement.
According to the agreement, the local promoter agreed with Busy Signal on a $55 000 fee and Longcash made a deposit of $5 500 as a commitment fee.
However, Busy Signal is said to have cancelled the agreement and instead engaged Chipaz Promotions, leading to his performance last Saturday at the Glamis Arena in Harare.
Through its lawyer, Patrick Hundu, Longcash then filed an urgent chamber application seeking to recover its commitment fees and other costs including airfares and booking fees.
Longcash is also said to have demanded Busy Signal’s arrest to ensure that he remained within the local courts’ jurisdiction until the finalisation of the High Court matter, but their request was not entertained.
Busy Signal, however, through his manager and Turf Music Entertainment chief executive officer, Galey Gordon, argued that the matter was improperly before the court.
He said their contract provided for arbitration, which was to be held in Kingston, Jamaica, in the event of a dispute arising.
“The applicant (Longcash) breached the contract between the parties by failing to honour clause 1 of the agreement This clause specifically provides that a non-refundable deposit in the sum of $27 500 should have been paid before June 4, 2015. This condition precedent was not fulfilled thus occasioning a material breach of contract by the applicant, thus nullifying the contract in its entirety,” Gordon said in his founding affidavit.
He argued Longcash had failed to attach the proof of payment on its founding affidavit, arguing that the call for Busy Signal’s arrest was a drastic measure that needed sufficient cause to be shown.
