Amapiano sensation Young Stunna and a record label owned by producer extra-ordinaire Kabza de Small have been slapped with over R1-million lawsuit.
Kabza de Small’s record company, Piano Hub, and Young Stunna, have been dragged to the Joburg high court by the music promoter whose company goes by the name of Durban Base Entertainment (DBE) after the latter failed to pitch up for a paid music show in KwaZulu-Natal last year.
Young Stunna, real name Sandile Msimango, is the first defendant. His booking agent Lawk Communications is the second defendant, while Piano Hub, under which he is contracted, is the third defendant.
In court papers, which we have seen, the DBE said it booked Young Stunna to perform at their event called Durban Meets Jozi, where he was supposed to share the stage with amapiano rising star Mfana Kah Gogo on September 17.
After booking him, they paid R40 000 performance fee.
They also spent R8 000 on his transport, R2 500 on stage, R2 500 on sound, R3 500 on security, R1 000 on lighting, R7 500 on hospitality rider, R3 500 on tent and R7 5000 on furniture, among others.
But to DBE’s chagrin, the Adiwele hitmaker left his fans high and dry when he failed to pitch up for the show.
“The first defendant failed to avail himself for performance as per agreement, and as a result, the plaintiff has suffered damages and reputational harm in that patrons no longer trust any events organised by the plaintiff. Plaintiff continues to suffer reputational and financial damage as a result of defendants’ breach. The defendants are accordingly indebted to the plaintiff in the amount of R 1086 870 ( One million and eighty-six thousands eighty hundred and seventy rand) which amount is due, owing and payable, jointly and severally, the one paying others to be absolved,” read the papers.
DBE said on October 18 last year, through its lawyers, it sent a letter of demand to Young Stunna, Law Communication and Piano Hub, demanding the quantum for reputational damage and event costs.
The entity said the trio offered to refund it only for the performance fee and accordingly it rejected the offer.
Despite the lawful demand, DBE said in the papers, the trio failed or refused to remit payment of the amount claimed.
“Wherefore the plaintiff prays for judgment against first, second and third defendant jointly and severally, the one paying the other to be absolved for payment in the amount of R1 086 870.00,” read the papers.
In their special plea, the three have asked for the Piano Hub to be removed from the lawsuit, saying it had no interest in the matter. “The third defendant pleads that the plaintiff has incorrectly instituted action against the third defendant as the third defendant does not have a direct or substantial interest in the subject matter of the action, therefore, the third defendant is not necessary party and should not be joined as such,” read the papers.
They said in the event that the court did not uphold the special pleas, they would deny each and every allegation contained in the DBE’s particulars of claim.
They denied that Young Stunna was the main artist at the event. They also said the Gangnam Style hitmaker could not perform at the show because he was under the weather.
They also said Young Stunna had also cancelled several other bookings in the period because he was an invalid.
“As a result of a supervening impossibility, he was not able to render such performance to which notice of intention to cancel was issued to the promoter. We have attached hereto a doctor’s note evidencing the supervening impossibility and irrespective of the events that have brought us to this juncture, our client has instructed us to request, as we hereby do, that the parties consider a postponement rather than cancel the engagement for a performance at a later date within a period of 3 (three) months from the date of the initial performance,” read the letter they attached to
the papers.
