February 19, (THEWILL) – Nse Essien, the promoter of Resort Carabana, Uyo, Akwa Ibom, has slammed a N10 million suit against Duncan Wene Mighty Okechukwu, over alleged breach of contractual agreement.
The talented singer was said to have collected the sum of N3 million naira to perform at the grand opening of the resort, but failed to show up.
In the letter written by Essien’s lawyer, Inibehe Effiong, it was revealed that the breach of contract has caused a lot of mental distress, financial loss, negative business rating and reputational damage to the organisers after wide publicity of Duncan Mighty’s presence at the occasion had been done.
In addition to the payment of damages, the lawyer also demanded the refund of N3 million already paid and an unreserved public apology which must be published as a video on his Instagram page.
The letter reads “You entered into a contract with our client, under which you accepted to perform as a guest artiste at the grand opening festival of Resort Carabana held in Uyo on the 2nd day of January, 2022.
“By the mutually agreed terms of the contract, the consideration of your appearance and musical performance at the event was N2,500,000 (two million, five hundred thousand naira) in addition to the sum of N500,000 (five hundred thousand naira), for business class ticket since you insisted on travelling by air to Uyo with two of your crew members.”
“Our clients dutifully fulfilled his obligation under the contract by paying the sum of N3 million in two tranches of N2 million and N1 million respectively, being the cumulative amount accruable to you for your live performance and flight/travel expenses.”
“Being a public event, our client embarked on rigorous publicity and spent a significant amount on advertorials announcing to the world that you, Duncan Mighty would be performing live at the event.”
“To the utter consternation and indescribable embarrassment of our client, you failed or refused to attend the well publicised event. As a direct result of your absence at the event, our client has suffered emotional distress, psychological trauma, financial loss, reputational damage, negative business rating and public odium.”
“Our client has further briefed us that neither you nor any member of your team, deemed it pertinent to reach out to our client after defaulting on your contractual obligation.”
“You treated our client with contempt, not minding that our client had publicised your invitation to the event and spent a considerable amount of money in furtherance of the same.”
“In the light of the foregoing we demand the following from you, refund of the N3 million paid into your account by our client which you have not earned, having failed to fulfil the purpose of which the money was paid by our client to you.”
“Publish a video on your Instagram page apologising unreservedly to our client, his guests and members of the public, who came to the event in expectation of your attendance and live performance.”
“Pay the sum of N10 million to our client as damages for the breach of your contractual obligation, the resultant embarrassment, mental distress, reputational damage and financial loss occasioned by our client on the account of your failure to perform at the event.”
The lawyer warned the singer that failure to meet the demand in 48hours of the receipt of the form will lead to legal actions against him.
