PRITT NYALE & 5 OTHERS v POLYGRAM RECORDS (EA) LIMITED [2007] KEHC 3230 (KLR)
- Court
- High Court of Kenya
- Case number
- 3230
- Citation
- [2007] KEHC 3230 (KLR)
- Decided
- 23 February 2007
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureEx parte suit dismissedCoramJ.L.A. OSIEMO
Holding
The plaintiff's suit fails and is dismissed.
Facts
The plaintiffs, a musical band, entered into an agreement with the defendant to produce and distribute their hit song 'Harusi' under their own label. The defendant breached the agreement by refusing to pay royalties and continuing to produce and market the song without permission.
Issues
- Defendant's breach of contract
- Plaintiffs' entitlement to royalties and injunction
Reasoning
The plaintiffs failed to prove their special damages due to the unsatisfactory evidence regarding the number of records sold. The court also noted that the defendant could not be traced.
Outcome
Dismissed
Authorities cited
Cases cited (1)
- SHABANI V. NAIROBI CITY COUNCIL [1982-1988] 1KLR 681
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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