Headline of The Daily Observer. Wednesday, July 14, 1999

'COURT AWARDS D80,000 TO YELLOWGATE'

By Pa Nderra M'Bai

The High Court on Tuesday delivered judgement in favour of Elie
Nachif,proprietor of Yellowgate Studios and awarded him over D80,000 after
he won a legal battle against Jeggan Grey-Johnson and others.

In a writ of summons dated May 28, 1999, Mr Nachif claimed D80,000 from
Grey-Johnson in respect of debts accruing from the production of a thirteen
track master album for Mr Grey-Johnson.

Evidence before the court stated that Mr Nachif was instructed to produce
the master album before 31 December 1997 which he did.  Court records
further stated that Mr Grey-Johnson failed to pay Mr Nachif after the
production of the master album.

Addressing the court, Bola Carrol, counsel for Grey-Johnson argued that
following a written agreement between Elie Nachif and Grey-Johnson for
payment of the said amount, there was a subsequent verbal agreement in which
he claimed that both parties agreed that payment of the said amount would be
effected only after the cassettes had been sold and interest realized.

Defence counsel Carrol further argued that “having varied the terms of the
contract by agreeing to wait until the cassettes were sold, Mr Nachif should
have waited but this is not the case here.  One party cannot now turn around
and go back to the agreement.”

E Chime, counsel for Mr Nachif maintained that Grey-Johnson owed his client
D80,000 being a contract for the production of the album.

Chime argued that there was no evidence before the court to prove that there
was an oral agreement for the variation contract between the two parties.
“What actually happened was Nachif was demanding his money and this is what
they are using to mislead the court into thinking that there was a meeting
to vary the terms of contract,” he said.

Chime suggested that Grey-Johnson be barred from coming with such an
agreement arguing that “it is right before the law that a written agreement
cannot be varied by an oral agreement even if the defendant was to rely on
fraud or duress amont other things.”

Delivering her judgement, the presiding judge, Justice Mam Yassin Sey,
declared that she believed in the plaintiff, Elie Nachif’s testimony.

She said that Mr Grey-Johnson did not help to advance his case.

In the circumstances she said she would enter judgement in favour of Mr
Nachif and awarded him D80,000 with 12½ percent interest.  She also awarded
him D3,000 at costs.



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