- The case was dismissed on the basis that the complainant did not fulfil the filing procedure as required by the court
The Commercial Court dismissed a case filed against Edrisa Musuuza commonly known as Eddy Kenzo, on the premises that the complainant did not fulfil the filing procedure as required by the court.
In 2022, the Events Marketing Agency “Luba Events Limited “ dragged Kenzo to court, seeking over UGX146m in damages, alleging that the singer breached the performance contract.
However, on Monday 11th/September/2023 Justice Anna Mugenyi dismissed the suit because the Agency did not take the necessary steps to have the case heard and determined by the court.
Court documents indicate that in 2020, Kenzo contracted the services of Luba Events to promote his music in some parts of the country where he (Kenzo) was set to stage a show described as the “Eddy Kenzo Festival”.
Subsequently, on January 18th, 2020, Luba Events and Kenzo entered into an events purchase agreement in which the events marketing agency purchased Kenzo’s performing rights at UGX120m.
In the execution of the agreement, Lubulwa said he first paid UGX40m to Kenzo and promoted events in areas where Kenzo was expected to perform.
The singer was expected to perform on different dates at Kololo Airstrip, Mbale Street, Mbarara Agip Motel, and Masaka-Maria Flo.
In rebuttal, Kenzo stated that Luba Events had never contacted nor proposed any future date for performance.
He contended that the contract executed between him and the events marketing agency had been discharged by frustration and there was no binding contract between him and Luba Events following the outbreak of COVID-19 and subsequent lockdown of the country.
Kenzo purported that Luba Events was compensated by the Government under the COVID-19 Stimulus Fund through the Uganda National Cultural Centre after presenting its claim in respect of his cancelled concert.