Nyashinski ordered to release Tecno contract details in legal battle with producer
Kenyan rapper and singer Nyashinski performing during Sol Fest Event at Uhuru Gardens, Nairobi on November 4, 2023.
Singer and rapper Nyamari 'Nyashinski' Ongegu has lost round one in a copyright infringement case in which he was sued by Nigerian music producer Sam Are Eliapenda over a multi-million endorsement deal he signed with Tecno Kenya Limited in May 2023.
Honourable Magistrate Selina Muchungi made a ruling in the matter on Friday, August 9, ordering the singer to produce the contract between him and Tecno, bank transactions and royalty reports of the songs in question to assist in the determination of the case.
This followed an application by Sam Are's lawyer, David Katee, asking the court to compel Nyashinski to produce the documents.
Nyashinski's lawyer had previously challenged the application, saying the plaintiff hadn't given a valid reason why he needed the documents, which are subject to a non-disclosure agreement between the singer and Tecno.
“The application is dated 15th April 2024... I looked at the response by the first defendant (Nyashinski), I also looked at the submission and authorities the parties relied on, grounds and principles that cover such an application and I found that the documents sought to be discovered are necessary and relevant for the fair determination of this suit. The application is merited, it's allowed as prayed. The date for pre-trial is 25th of September, 2024,” Hon Magistrate Muchungi ruled.
The content of the contract has been a bone of contention since Sam Are announced his intention to sue Nyashinski last year, accusing the famous rapper of using the hit song 'Wach Wach', which he produced, to advertise, promote and endorse Tecno Camon 20 without seeking his consent or at least compensating him.
Sam Are and Nyashinski share the publishing rights to the song 50/50, but the rapper owns 100% of the master rights to the record.
Based on the split of publishing rights, Sam Are argues in court papers that he is entitled to a percentage of the millions made from the endorsement deal, but Nyashinski hasn't been cooperative.
