As the case between Nigerian singer,Kiss Danieland his labelG-Worldwidelingers on, Djliskid has solely gotten additionally stunning insights about his agreement and the provision enacted by the artist before the agreement was ended.
As indicated by Kiss Daniel’s legal advisors ‘L and A Legal specialists’,
Kiss Daniel did not leave his agreement. He just ended it as he is allowed to do under the agreement. Is it now a wrongdoing for a gathering to practice a privilege explicitly gave on him by law/contract? Is it the blame of Kiss Daniel that the agreement has an end statement that permits Kiss Daniel to end the agreement? We should remember that the agreement was drafted by G-Worldwide Entertainment. Kiss Daniel circumspectly took after the arrangement of the agreement. Tragically that individuals are blending this case up with that of different craftsmen fleeing from an agreement they marked. No! This is unique. This is an instance of an Artist demanding that the agreement marked by the gatherings must be obeyed and authorized. Kiss Daniel is firm devotee to control of law and due process. This was the reason it was Kiss Daniel that went to court first. Individuals ought not befuddle an instance of legitimately ended contract with instances of rash craftsmen who indignantly left their agreement without following the set down system under their agreements. Kiss Daniel’s case is a well thoroughly considered act. It is an activity of right allowed to him by the agreement amongst him and his mark. What do individuals need from Nigerian craftsman? In the event that they don’t utilize attorneys, individuals reprimand them. Since Kiss Daniel has utilized outstanding amongst other I.P. law office in Nigeria with a Professor of I.P. also, a Senior Advocate of Nigeria (SAN), individuals are as yet calling him names for acting as per his agreement! At the point when Artist don’t obey or declare their rights under their agreements, individuals manhandled them, yet similar individuals are mishandling Kiss Daniel for obeying and authorizing the Termination Clause gave in his agreement! Na wa o. This isn’t a Kiss Daniel’s battle alone. This is a battle for every single Nigerian craftsman aside from we are stating just craftsmen must obey and agree to contract yet record name are allowed to do as they wish?
Why is G-Worldwide reluctant to concede Kiss Daniel unlimited access to his record and books as gave by the agreement? The entire connection between a record mark and a craftsman is tied in with profiting and sharing it. Fund and cash is the essence of the issue. G-Worldwide did not sign Kiss Daniel since they cherish his face. They marked him since they figure he can profit for them. What’s more, there is nothing amiss with that as long as they play by the principles. The main offense remarked by Kiss Daniel was his presumption/impudence by setting out to request that his record name render account! Kiss Daniel through his legal advisor L and A – Legal Consultant delegated a firm of Chartered Accountant to investigate and review G-Worldwide Entertainments books and record in regard of Kiss Daniel’s venture as gave by the agreement between the gatherings. Quickly the demand was made, all damnation was let free. For what reason will a Record Label be reluctant to enable their Artist to assess their books of record? Particularly, when the agreement between the gatherings was drafted by a similar record mark and the agreement contains a provision which particularly gave that the Record Label should keep all records and might permit the Artist or his delegate unlimited access to examine and make duplicates of the records. See condition 7 of the agreement between the gatherings which give;
“Organization should keep up appropriate bookkeeping books and additionally records at its central office, in connection to income created, or use used throughout the execution of this Agreement. Such books or potentially records should incorporate, yet might not be restricted to, any archives or records which prove the receipt or potentially distributions of eminences and different monies created over the span of the execution of the Agreement.
The Artist should, whenever amid the term of this Agreement and upon earlier composed notice to Company, Artist or his/her assigned delegate might increase unlimited access to examine the books and records of the Company identifying with this Agreement and should be qualified for make duplicates thereof.”
In view of above, Kiss Daniel’s attorney kept in touch with G-Worldwide on the eighteenth of July 2017 saying along these lines:
“This is to advise you that as per the Recording Contract between the gatherings, our customer wishes to send his Accountants (WYZE Associates) to assess/review his records with your customer.
Generously affirm your helpful date from one week from now when the Accountants can come in for the review/review.”
Obviously they fizzled/declined to react to the above email and just reacted on the 25th of July 2017 (after a few updates) saying: saying:
“I by one means or another missed your underlying email. Statements of regret. I will talk about your demand with my customer and will return with a reaction before CoB tomorrow.”
Not surprisingly, they neglected to react on the 26th of July 2017 as guaranteed and Kiss Daniel’s legal counselors needed to send another update by method for email and phone call before they at long last reacted on the first of August 2017 saying:
“Concerning date for the “review”, would we be able to concur on a date in late August or early September? A prior date won’t be perfect Emperor Geezy is getting hitched on Saturday and will be inaccessible for quite a while after the wedding (for evident reasons).”
Also, Kiss Daniel’s legal counselors reacted by saying:
“It is our understanding that we are managing an organization (G-World Entertainment Ltd) and not a person. In this way, the inaccessibility of Emperor Geezy would not influence the review. It would be ideal if you take note of that the review will just include G World Accountants and our Accountants. Along these lines, the nearness of Emperor Geezy isn’t imperative at this stage. In perspective of the above, we can plan the review to a prior date. Benevolently affirm when our Accountants can desire the review inside this week or one week from now.”
Is G-overall Entertainment Limited a legitimate record name? Is it an appropriate restricted risk organization? Or on the other hand is it simply an exclusive show without corporate structure, office and supporting staff? Would anybody be able to name the An and R officer of G-overall Entertainment Limited?
Anyway, G-overall Entertainments Limited reacted by making another reason when they expressed in this way in their email of fourth of August 2017:
“While the organization is glad to help your customer’s bookkeepers with their review ask for, shockingly because of continuous exercises including the important organization’s faculty, the time proposed by you won’t be advantageous for the organization (whose help you require to do the review).
In the condition, we recommend that we ought to concede to a day in the most recent seven day stretch of August for the review work out. We will sit tight for you to propose a particular date amid the said period for the review.”
Despite the fact that it was clear to Kiss Daniel and his group that G-overall Entertainments Limited was endeavoring to baffle the investigation/review, they proceeded to surrendered to the finish of the month proposed by G-overall Entertainments Limited and sent them a mail on the on the seventh of August 2017 saying:
“Our bookkeepers will be accessible on 28th and 29th August 2017 for the review. Sympathetically affirm that the dates. Additionally affirm your customer’s address.”
Once more, G-overall Entertainments Limited fizzled/declined to affirm the dates for the examination or the scene as asked for and after a few updates they just on the 28th of August 2017, which is one of the dates settled for the assessment and consented to the 29th of August 2017 for the said investigation/review. Accordingly giving Kiss Daniel and his group under 24 hours’ notice and which implies the review must be done in one day rather than two dates proposed. Obviously, any experience individual realizes that such review can scarcely be finished in one day. It was each of the an excellent outline to baffle the review.
Sadly, when the review/review at long last held, Kiss Daniel’s Accountant was denied unhindered access to the “books/records” in clear rupture of the unambiguous arrangements of statement 7 of the Contract (as posted previously). Kiss Daniel’s Accountant were shocked that Label did not go to the scene of the examination/review with any physical books, receipts, solicitations e.t.c. be that as it may, just brought a unimportant portable workstation! Furthermore, even declined to permit Kiss Daniel’s Accountant to make a duplicate of the said “books/records” in spite of the agreement. It was additionally found that the agent sent by G-overall Entertainment Limited and who brought the portable PC isn’t a bookkeeper and did not know anything about the exchanges recorded in the tablet. He couldn’t answer any of the inquiries/questions presented on him by Kiss Daniel’s Accountant.
In view of the above breaks (inability to permit unhindered access and to make duplicates of the books of record as gave in condition 7 of the Record contract), Kiss Daniel’s legal advisors gave G-overall Entertainment Limited 14 days’ notice to cure the rupture as gave by Clause 16 of the Contract and when they neglected to do as such inside the 14days, the Artist through his attorney continued to end the agreement as gave in proviso 14.2 of the agreement, which gives that:
“Either gathering may end this agreement by composed notice to the next whenever if that other gathering:
confers a break of this agreement and, on account of a rupture equipped for cure, he neglects to cure the break inside fourteen (14) days of being required to do as such in composing.”
Sadly, when Kiss Daniel’s legal counselor gave G-overall Entertainments Limited notice of the break on eleventh and nineteenth of September 2017, G-overall Entertainments Limited fizzled and declined to cure and cure the rupture inside the 14 days permitted by the