Tomeletso Sereetsi of Sereetsi and the Natives music outfit lost a case in which he was suing David Letshwiti of the ‘African Attire on Fleek’ event for breach of contract.
The court heard that on the 12th of November, 2021 Sereetsi and Letshwiti entered into a written agreement for the purposes of holding and staging various music shows together.
Sereetsi was to provide performances in Gaborone, Francistown, Maun, and Serowe/Palapye and to be paid P83 000. The agreement was that the artist be paid seven days before the event. Letshwiti allegedly breached the agreement in that he staged a music event in Francistown on the 11th of December, 2021 and failed to pay Sereetsi before the event, so Sereetsi was unable to perform at the event and still demanded payment.
When delivering the judgment, Justice Mokwadi Gabanagae said it was clear that the contracting parties, an entity referred to as Sereetsi and the Natives acting through its agent, Tomeletso Sereetsi, entered into an agreement with Letshwiti. He said Sereetsi did not disclose how he was able to sue in his personal capacity when he was only an agent.
“It does not say how he has interest in matters where, clearly, he was only involved as an agent. In the further particulars, Sereetsi says he is suing in his personal capacity and agent capacity. In the agreement, Tomeletso Sereetsi is described as the agent representing the artist described as Sereetsi and the Natives,” said Gabanagae.
Justice Gabanagae concluded that Sereetsi has failed to demonstrate that he has locus standi to institute the proceedings and dismissed the application with costs.
When asked if he was going to appeal or not, Sereetsi said he hadn’t received the judgment. He said was still to read it and discuss the way forward with his lawyer, JJ Matomela of Matomela Attorneys.