Gazza back in court for pre-trial hearing

An ongoing breach of contract court case between musician Lazarus Shiimi, better known as Gazza, and Trinity Transaction Advisory (TTA) is back in court for a pre-trial hearing.

According to the court documents filed in the High Court, TTA is suing Gazza for allegedly failing to pay consulting costs for services the company rendered on behalf of the musician.

TTA secured N$2 561 050 and were entitled to get 20% of the deal (N$589 041,50). However, it only received N$180 250.

In his defending affidavit, Gazza denied breaching the contract, claiming that TTA did not provide sufficient services as per agreement and became hostile towards him. He, however, admitted to paying N$180 000.

TTA is the plaintiff, Gazza is the first defendant and Gazza Music Production the second defendant.

The recent joint status report claims that TTA failed to meet the deadline for filling out its witness statements and filing its witness statements outside of the time limits set by the court.

The documents further say, condonation has been granted to the plaintiff for the late filing of its witness statements and costs stand over to be determined at a later stage.

“The plaintiff’s position is that the delay requires explanation and that it intends to make application to the court to condone the late filing of its statements, extending its due date. The court is requested to provide directions on the plaintiff’s intended application to condone its late filing of the witness statements and to be relieved from sanctions.

“The plaintiff is to engage the first defendant in terms of rule 32(9) towards an amicable solution and file a report in terms of rule 32(10) on or before 5 May 2023. If not resolved, the plaintiff is to file its application to condone the late filing of the witness statements and relief from sanctions on or before 17 May 2023,” the court documents read.

However, the defendant’s position is that the delay in filling out the witness statement is prejudicial as their witness statements were already filed.

The case was postponed to 17 May for a pre-trial conference hearing. The reason is for the parties to file a joint pre-trial conference report.

The court also ordered the defendants (Gazza and Gazza Music Productions) to file their notice of intention to oppose and answer an affidavit before 31 May. The plaintiff shall file a reply, if any, on or before 7 June. The matter was postponed to 14 June at 08h30 for a status hearing. The parties shall file a joint status report on or before 9 June. – unWrap

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