American sports gear maker sues AFC Leopards over kit contract

A US-based sports gear maker has sued AFC Leopards football club for allegedly breaching a contract to manufacture and supply merchandise until June 2017.

Nsejjere Sports LLC has asked the High Court to stop AFC Leopards from using, selling or merchandising replica jerseys, T-shirts and caps that have not been supplied by the firm, as the seven-year contract with the Kenya Premier League side is yet to expire.

The firm claims AFC Leopards officials have declined to accept a consignment of kits and other merchandise it shipped to Kenya in February last year. It adds that the team’s officials have continuously dodged its CEO’s calls and emails.

Nsejjere president Nasser Kilimana says his firm opened a factory line for AFC Leopards worth Sh22.5 millionbut the club later asked him to apply for a re-negotiation of the deal as some officials had been replaced and were yet to hand over details of the deal with Nsejjere.

“In March 2014 I met Richard Ekhalie (former CEO) who told me that he had been authorised by Allan Kasavuli (chairman) and the executive committee to deal with the issue. He asked me to start negotiating the contract afresh by sending a proposal for approval,” says Mr Kilimana.
AFC Leopards is yet to respond to the claims made in the suit.

He adds that he has since been unable to get in touch with the club’s officials so they can accept the shipment.

Mr Kilimana also claims AFC Leopards has contracted another firm to supply the same goods his firm is supposed to until 2017.

“It has come to my attention that the club entered into an agreement with a company called Sportsbiz to supply it with merchandise including T-shirts and caps in breach of the exclusive agreement with Nsejjere,” he adds.

The firm has sued the club and its officials-Mr Kasavuli, Patrick Ngaira (suspended vice chairman), George Aladwa (secretary general), Esther Luvember (acting treasurer) and Timothy Lilumbi (organizing secretary). Mr Ekhalie resigned as CEO in April, last year and is yet to be replaced.

Nsejjere wants AFC Leopards compelled to cancel any contracts it has signed with any third parties, and to honour the terms of the deal it signed with it in 2011.

The firm has told the court that in the alternative AFC should be ordered to pay general damages for breach of contract, and for loss of revenue. It has however left the amount to the court’s discretion.