JITI musician, Baba Harare, is suing a United Kingdom-based music distribution company, Jacaranda Media Group, for nearly £45 000 in royalties and is seeking an order for cancellation of their contract.
Baba Harare, born Braveman Chizvino, is also suing Charles Guvamatanga and Jordan Mangwiro, who are second and third defendants.
Guvamatanga and Mangwiro were representing Jacaranda Media Group, which is registered in Zimbabwe, when the contract was signed, according to summons issued.
Baba Harare, through his lawyer Mr Arshiel Mugiya, has since issued the summons demanding that Jacaranda Media Group, Guvamatanga and Mangwiro pay him £17 500 in royalties for music sold, £25 000 for breach of contract and order in cancellation for distribution of his music.
“On the 5th of October 2017 and at Harare, Zimbabwe, the plaintiff (Baba Harare) and the 1st defendant (Jacaranda Media Group) entered into a contract, at that time the agreement was concluded 1st defendant was represented by 2nd and 3rd defendants as they are proprietors at 1st defendant,” claimed Baba Harare.
“The contract that the parties entered into was a music distribution agreement. The terms were that plaintiff being a musician granted the first defendant exclusive rights to distribute his music and artistic work on various Internet and online platforms, but the plaintiff would retain the copyrights to the music.
“The material terms of the agreement were that the 1st defendant would receive and receipt royalties paid when the music is played and downloaded. The parties were to share the proceeds, with 1st defendant retaining 30 percent of the proceeds whilst 70 percent would accrue to the plaintiff.”
Baba Harare, in his summons, said Jacaranda Media Group uploaded and distributed his three albums — Chikwama Changu, Minamato yemaRasta and Ramba Wakadzvanya — on CD Bay and iTunes.
“The 1st defendant has since realised the sum of British Pounds 25 000 from royalties paid by CD Bay and iTunes and have retained the whole amount without paying the plaintiff his 70 percent share as at December 2019,” reads the summons.
“The plaintiff has consequently suffered financial prejudice in the sum of 17 500 British Pounds.”
Baba Harare claims that Jacaranda Media Group has failed to meet its contractual obligation and was entitled to an order for cancellation of the agreement.