A Delta State High Court sitting in Effurun has dismissed the preliminary objection by Nigerian-American singer, David Adedeji Adeleke, popularly known as Davido and his company, Davido Music Worldwide Limited, challenging the jurisdiction of the court to hear and determine the breach of contract suit against him by Brownhill Investment Company Limited over the annual ‘Warri Again Concert’.
Trial judge, Justice Nduka Obi, also dismissed another
objection by Davido Music Worldwide and Israel Afeare, challenging the
jurisdiction of the court to hear the defamation case filed against them.
In its ruling in Suit No. EHC/183/2023 between Brownhill
Investment Company Limited vs. Davido & Davido Music Worldwide Limited
bordering on breach of contract, the court dismissed the arguments by the
defendants that the matter was a debt recovery case and premature since the
claimant failed to issue a letter of demand requesting for a refund of monies
claimed in the case.
It agreed with the submissions of the claimant’s counsel to the effect that the reliefs sought in the writ of summons must be read jointly and cannot be read in isolation to determine the nature of the suit.
The court held that the reliefs sought in the suit showed
clearly that the matter was a breach of contract action which does not require
the issuance of any letter of demand before filing and/or instituting same.
In the sister case bordering on defamation, the court held
that the High Court of Delta State has territorial jurisdiction to hear and
determine the two cases bordering on defamation as it was established that the
claimant, who is a resident of Delta State, was present in the state at the
time the defendants posted the alleged defamatory publications online and also
viewed the online defamatory statements whilst still in the state.
The court has adjourned to hear all the cases filed against
the defendants.
Meanwhile, it was gathered that when the idea of an
out-of-court settlement of the matter was mooted in court, counsel to the
defendants said efforts were in top gear to resolve the case.
However, the claimant noted that no concrete arrangements
had as made because the defendants wanted the out-of-court settlement to be on
their terms, a decision they rejected.
The claimant, Brownhill Investments Company Limited had
through its lawyer, Kelechi Onwuegbuchulem in a suit, prayed the court to award
N2billion as general damages against Davido.
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