Bankrupt Lion King producer Lebo “Lebo M” Morake has been ordered to pay the legal costs of his ex wife Nandi Ndlovu-GoodJohn’s in respect of their court battles for the royalties to the smash-hit.
The United States Court of Appeals for the Ninth Circuit ordered Morake to pay almost half a million – $26.678.75 – she incurred in legal fees after Ndlovu-GoodJohn defeated him in a 10 year legal battle over royalties to The Lion King, among others, last year.
Ndlovu-GoodJohn’s legal team successfully opposed Morake’s bid in the Supreme Court of Appeal in California to review and aside a Superior Court order that had forced him to pay her the money he owed her since February 26, 2007.
The Superior Court had ordered Morake, who filed for bankruptcy in the US in 2017, to pay Ndlovu-GoodJohn 40% of the monthly gross earnings from his work.
“If any of the monthly payments to be made by Lebohang Morake to Nandi Ndlovu-GoodJohn are more than 30 days late, then the full agreed upon amount of the arrears of the $350 000 minus any payments that have been made will be due and payable,” read the Supreme Court judgement.
The Superior Court also ordered him to pay a monthly amount of $10 000 for Ndlovu-GoodJohn’s legal fees.
But instead of paying up, Morake decided to challenge the order in the Supreme Court of Appeal. As a result of his failure to pay, the debt accumulated to at least $350 000 (R5.8m) in arrears.
The Supreme Court heard the matter on July 22 this year and dismissed his appeal as “frivolous”. It upheld the order that he pay 40 percent of the total earnings of Lion King and the accumulated arrears in $6 000 [R89 000] monthly instalments. It also added Ndlovu-Good John’s legal fees. The court papers, which we have seen read in part: “The court awarded attorneys’ fees on appeal under 28 U.S.C. § 1912 and Federal Rule of Appellate Procedure 38 in favour of appellee Nandi Morake and against appellant Lebohang Morake and his counsel Michael A. Younge, jointly and severally.
“Although appellant did not oppose the requested amount, the court can award to appellee only fees that were actually incurred in defending the frivolous appeal and not fees incurred seeking sanctions. Pursuant to 28 U.S.C. § 1912 and Federal Rule of Appellate Procedure 38, attorneys’ fees on appeal in the amount of $26,678.75 are awarded in favour of appellee Nandi Morake and against appellant Lebohang Morake and his counsel. After the disallowances, appellee is entitled to $26,678.75 in fees for defending against the frivolous appeal,” read the papers.
Morake said he was unable to comment as he was not aware of the judgment.
“I will check with my lawyers if they are aware of such a judgment,” he said.
Ndlovu GoodJohn said she was excited about the judgement.
“To be honest I have nothing to say about the matter, however I want to inspire whoever is about to give up not to lose hope,” she said.
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