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Demand Notice Performance of Contract Zechariah Wakili Msomi
Demand Notice Performance of Contract Zechariah Wakili Msomi
September 6, 2016
Dear Sir,
1.1 THAT on 2nd day of January 2016 entered into an Agreement on the use of multiplex
facilities with our Client.
1.2 THAT you required payment of one-month deposit amounting to USD 4,000.00 being
transmission fee as provided for under clause 5.1 of the Agreement.
1.3 THAT on 1st day of April 2016 our Client made advance payment to the tune of USD
2,000.00 the amount, which was duly received by you.
1.4 THAT, you issued a receipt No. XXXXX, which has the following endorsement; “deposit
on the Multiplex Operator Agreement fee with XXXXX.”
1.5 THAT, to date you have refused to allow our Client to connect with TING via Comnet
without any justifiable reasons but kept on requiring monthly payment of transmission
fee from our Client.
1.6 THAT, despite several reminders made by our Client through telephone calls and emails
you have refused and/or neglected to implement the Agreement.
1.7 THAT, our Client’s television does not operate due to non-performance of your
obligations under the Agreement.
2.1 Section 37(1) of the Law of Contract Act, Cap 345 R. E. 2002 obligates each party to a
contract to perform his part in the contract. In the contract at hand, Our Client
performed its part by making advance payment of the transmission fee to you as
required by the contract. The role of your company to render services to our Client as
stipulated in the Agreement. You have failed/refused to perform your obligations under
the Agreement. The provision cited compels your Company to reciprocate performance
of the contract after Our Client has played its role.
2.2 Nonperformance of your part is a material breach of the contract, which is contrary to
the Law of Contract Act, under sections 73 and 74 of the said law it provides for right to
compensation and damages for such breach. From all fronts and parameters our Client
is entitled to demand specific performance of the Agreement plus compensation and
damages.
TAKE NOTICE that should you fail, neglect and or refuse to heed to the demand of our
Client above contained within Thirty (30) days from the date of receipt of this letter we
shall have no option except to commence legal proceedings against your company at
your own risk as to costs and other undesirable legal consequences.
TAKE FURTHER NOTICE that this is a final demand notice, and there shall be no any
other notice to you other than the court summons to inform you that a suit has been
filed against you.
Respectfully,
For and Behalf of XXXXXXXX
__________________________
XXXXXXXXXXXXX, Advocate,