HIGHLIGHTS FROM THE DAILY OBSERVER

Friday 21st - Sunday 23rd May 1999

Elie - Jeggan legal battle reaches Climax

by Gheran Senghore

The legal battle between the proprietor of Yellowgate Studios, Elie Nachif
and Jeggan Grey-Johnson resumed at the High Court, Thursday, with counsels
for both men making their closing addresses.

Mr Nachif is claiming D80,000, from Mr Grey-Johnson being debts accrued from
the production of a 13-track master album for Mr Grey-Johnson. He is also
claiming 25 percent interest per-annum plus cost.

Making his address before the court presided over by Justice Mam Yassin Sey,
counsel representing Mr Grey-Johnson, Bola Carrol, submitted that following
a written agreement between Nachif and Grey-Johnson for payment of the
D80,000, there was a subsequent verbal agreement in which he claimed that
both men agreed that payment of the said amount would be effected only after
the cassettes had been sold and interest realised.

Mr Carrol said 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 because one party cannot now turn around and go back on
the agreement," he said.

He argued that Mr Nachif had led the court into darkness by claiming that he
never had a meeting with Mr Grey-Johnson but that this had been disproved by
witness Sheikh Njie who confirmed that the two men indeed met.

Mr Carrol continued that since the verbal agreement was based on the fact
that payment would be made after all the cassettes had been sold and
interest realised, Mr Nachif would have to wait until such time.

At that juncture, Justice Sey asked Mr Carrol what would happen if the
cassettes were never sold as was the case with music which changes with
time. Mr Carrol replied that in that case both parties lose because the
money for payment is supposed to come from the proceeds of the sale of the
cassettes.

"This is so because if the cassettes are not sold, he has to pay and get
nothing in return," Mr Carrol said, adding that it is like paying for a
white elephant. He therefore urged the court to rule in favour of his
client.

Counsel representing Elie Nachif, Emmanuel Chime started his own address by
telling the court that from the totality of all evidence and witnesses
brought before the court, the fact still remained that Mr Grey-Johnson owed
Mr Nachif D80,000, as based upon a contract for the production of the album
in question.

Mr Chime said that there was no evidence before the court that there was an
oral agreement for the variation of the contract between both men. "What
actually happened was that Mr Nachif was demanding his money and this is
what they are now using to mislead the court into thinking that there was a
meeting to vary the terms of the contract," Mr Chime clarified.

He continued that one of the witnesses, Sheikh Njie, had called on both men
to resolve the crisis between them, but at no time mentioned a variation of
the contract between them. This, he said, Sheikh had clarified before the
court.

He further stated that if there was an agreement to vary the contract, Mr
Nachif would not have come to court further pointing out that this was
evident from the fact that his client brought the matter to court within one
month from the expiry of the contract.

Chime also submitted that Mr Grey-Johnson be barred from coming up with such
purported agreement. "It is right before the law that written agreements
cannot be varied by oral agreements even if the defendant was to rely on
fraud or duress amongst other things," Mr Chime said, as he quoted from
other volumes of law.

He concluded by urging the court to deliver judgement based on the writ of
claim since Mr Grey-Johnson had not been able to prove that the terms of
payment were varied.








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