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Busy Signal

Fungai Lupande Court Report
THE High Court yesterday cleared Jamaican musician Busy Signal of defrauding a local promoter of nearly $30 000 after he allegedly failed to fulfil a contractual agreement to perform in Zimbabwe in August last year.

Justice Loyce Matanda-Moyo dismissed the application by one of the directors of Long Cash Entertainment (Pvt) Ltd, Mr Patrick Hundu, with costs.

The matter was heard in chambers.

Busy Signal’s lawyer, Ms Rumbidzai Venge, said the judge noted that in the contract of engagement, the parties agreed that any dispute would be held before an arbitrator in Kingston, Jamaica.

“Busy Signal is a free man and can move around as he pleases or leave if he wants to. We will issue a full statement,” she said.

In his opposing affidavit, Busy Signal said: “Article 8 (1) of the Arbitration Act provides that a court before which proceedings are brought in a matter which is subject of an arbitration agreement shall, if a party so requests, not later than when submitting his first statement on the substance of the dispute, stay those proceedings and refer the parties to arbitration unless it finds that the agreement is null and void, inoperative or incapable of being performed.

“The applicant has failed dismally to abide by the foregoing principle, no proof of payment is attached to the founding affidavit nor any documentation to support assertions made.

“Applicant breached the contract by failing to pay a non-refundable deposit of $27 500 by June 4.

“In other words, the contract never came into existence and the applicant cannot seek to enforce a contract it did not honour and perform.”

It was alleged that Mr Hundu engaged Busy Signal through two email addresses with the intention of contracting him to come and perform in Zimbabwe.

Busy Signal allegedly charged $55 000, a contract was signed and Mr Hundu paid $5 500 as commitment fee on April 1.

It was alleged that he later paid for air tickets for the musician and his band which amounted to $24 275.

The commitment fee was reportedly transferred into the Jamaican artiste’s bank account and the show was set for August 24.

Busy Signal later informed Mr Hundu that he was no longer coming to Zimbabwe as he had commitments elsewhere.

He is reported to have rescheduled the trip for December this year or early next year.

Mr Hundu is alleged to have persuaded him on several occasions, but to no avail.

Busy Signal allegedly later sent Mr Hundu another message indicating that their contract was no longer bind- ing.

Following his arrival in Zimbabwe on Friday, Mr Hundu reported the matter to the police.