Lena Zola contracted Mariene Kamonya, a musician, to perform during a talent music award. Two days before the much awaited event, Mariene Kamonya contracted a severe bout of malaria and was hospitalised. She was therefore unable to perform at the award. Lena Zola is aggrieved as she had already paid a deposit to Mariene Kamonya. www.masomomsingi.co.ke Page 12 Advise Lena Zola.

Advise to Lena Zola

  • This is a case of discharge of contract frustration.
  • Mariene Kamonya’s illness was an unforeseen circumstance which prevented her
    from performing her part of the contract.
  • Money paid Lena Zola is recoverable on a quantum merit basis.
  • Any further money payable to Mariene Kamonya ceases to be payable.
  • Lena Zola can therefore not sue Mariene Kamonya successfully.
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