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JUDGMENT
MOTION ON NOTICE FOR SUMMARY JUDGMENT
Plaintiff Applicant (hereinafter referred to as Applicant) filed the instant application on 21st February, 2023 praying the Court for an Order granting Applicant Summary Judgment against Defendant Respondent (hereinafter referred to as Respondent) in respect of reliefs (a), (b) and (e) as endorsed on the Writ of Summons and Statement of Claim.
The said reliefs are as follows:
a. An order for recovery of the total amount of One Hundred and Twenty Thousand United States Dollars (US$120,000.00) being the total amount paid by Plaintiff to Defendant pursuant to the contract Parties herein entered into on 14th December, 2021.
b. Interest on the said sum at the prevailing bank rate from 14th December, 2021 when it was paid to the date of final payment.
c. Cost including the Lawyer’s fees.
According to the Affidavit in Support of the instant application, Respondent was paid an amount of One Hundred and Twenty Thousand United States Dollars (US$120,000.00) in consideration for his performance at Applicant’s “Wildaland” Music Festival which was scheduled for 26th December, 2021.
That Respondent was to perform on the said date for Thirty (30) minutes at 10:00 p.m. but was to report at 3:00 p.m. on the said date for rehearsals and sound checks as per the Terms of the Agreement attached as Exhibit ‘B’.
That Respondent however failed to show up on the scheduled date and has also failed to refund the One Hundred and Twenty Thousand United States Dollars (US$120,000.00) (which had been paid to him to perform) to Applicant.
That Respondent in paragraph 4 of his Statement of Defence filed on 17th May, 2022 attached as Exhibit ‘A’ to the Affidavit in Support of the instant application admitted having been paid the said amount to perform.
That Exhibit ‘B’ shows that Respondent was paid the said amount to perform on only 26th December, 2021 and no other day, for which reason his pleadings in paragraphs 5 and 6 of the Statement of Defence which suggests that Applicant “unilaterally scheduled” the Respondent to perform on the first day (26th December, 2021) is misleading and untrue.
That Respondent having executed Exhibit ‘B’ is bound by all the terms indicated therein; for which reason Respondent clearly agreed to perform on 26th December, 2021 at 10:00 p.m. and no other day.
That Respondent’s attempt to perform on a day not prescribed in the said Agreement is a confirmation of Respondent’s breach of the Agreement; consequently,