Johannesburg – Soulistic Agency, a company with ties to the family of internationally acclaimed DJ Black Coffee, finds itself in a legal battle over unpaid debts amounting to more than half a million rands. Sunlyn Limited and Sasfin Bank have jointly filed a lawsuit in the Johannesburg High Court against the agency, alleging a breach of contract related to a rental agreement.
The court documents, which Sunday World has seen, identify Black Coffee's son, Esona Tyolo, as the second respondent in the case, with Soulistic Agency listed as the first. This legal action is likely to cause embarrassment for the Grammy award-winning DJ, who is also considered one of South Africa's wealthiest music artists.
At the heart of the dispute is a "master agreement of hire" entered into on or around August 16, 2022, between Soulistic Agency, represented by Tyolo, and Copystar. According to the court papers, this agreement involved the rental of a 20kva3 phase diesel generator from Copystar to Soulistic Agency for a minimum period of 60 months, at a monthly rental fee of R7,351.
Sunlyn and Sasfin Bank assert that Soulistic Agency was obligated to make monthly rental payments starting from September 25, 2022, and continuing on the 25th of each subsequent month for the duration of the rental agreement.
The legal documents state, "The first defendant agreed that the agreement applied only to hiring of goods, which the first defendant accepted ‘as is, and that the rental does not include any payment in respect of licensing, service, or maintenance’."
Furthermore, Soulistic Agency reportedly agreed that any disputes regarding the goods, licensing, maintenance, or any other related agreement would not justify a halt in fulfilling their obligations under the rental agreement, nor would it entitle them to withhold any rental payments.
Adding another layer to the agreement, the court papers indicate that on or about August 16, 2022, Esona Tyolo signed a guarantee, thereby binding himself as a co-principal debtor alongside Soulistic Agency. This effectively made him jointly and severally liable for the agency's obligations, ensuring the "punctual payment" as stipulated in the agreement.
It's important to note that, prior to the rental agreement between Soulistic Agency and Copystar, Copystar had already entered into an agreement to cede its rental contracts to Sunlyn and Sasfin Bank.
According to Sasfin Bank and Sunlyn, the breach of contract occurred around January 25, 2024, when Soulistic Agency allegedly failed to make its monthly rental payment.
The plaintiffs' legal representatives stated in the court documents, "In light of the defendants’ breach, the second plaintiff elects to claim immediate payment of all amounts that would have been payable until the expiry of the rental period stated in the schedule, which amounts to R504,074.01."
Despite formal demands for payment, Sunlyn and Sasfin claim that Tyolo and Soulistic Agency have failed to remit the outstanding amount.
The court papers conclude with Sunlyn and Sasfin seeking legal recourse: "Wherefore the second plaintiff, alternatively the first plaintiff, claims from the first and second defendants, jointly and severally, the one paying the other to be absolved, for termination of the agreement, payment of the sum of R504,074.01."
The lawsuit is set to proceed in the Johannesburg High Court, where the plaintiffs will seek to recover the outstanding debt and terminate the rental agreement.
