Breach of Contract: Court Dismisses Davido’s Preliminary Objection
The Delta State High Court sitting in Effurun, has dismissed the preliminary objections filed by the 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 filed against him by Amaju Pinnick and Brownhill Investment Company Limited over the annual ‘Warri Again Concert’.
The court 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 delivered on Tuesday in Suit No. EHC/183/2023 between Brownhill Investments Company Limited vs. Davido & Davido Music Worldwide Limited bordering on breach of contract, the court discountenanced the arguments made by the defendants that the matter was a debt recovery case and was premature since the claimant failed to issue a letter of demand requesting for a refund of monies claimed in the case.
The court agreed with the legal submissions advanced by 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.
Besides, 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 prior to filing and/or instituting the 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 resident within 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.
Consequently, the court is now set to proceed with hearing and determination of all the cases filed against the defendants.
The cases have been adjourned for hearing of other pending applications.
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.
But the claimant in a swift reaction noted that no concrete arrangement has been made because the defendants want 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 suit number EHC/183/2023 prayed the court to award N2billion as general damages against Davido.
Specifically, the claimant is praying the court for N150 million as legal and professional fees, and additional 30 Million as cost of filing the suit.
Listed as defendants in the suit are David Adeleke a.k.a “Davido”, and his music label, Davido Music Worldwide Limited.
However, Davido, in his preliminary objection challenged the jurisdiction of the court, on the grounds that the case was a debt recovery matter and that the claimant ought to have written a letter of demand first before rushing to court.
He further claimed that Sosoberokon is not his agent and does not negotiate performance contracts on his behalf.
While the singer claimed that he was not paid for the show and that Soso was not his agent, he however admitted receiving the payment of $94,500 but stated that the sum was payment for only promotion of the show.
In the sister case bordering on defamation, Davido through his team of lawyers also filed a preliminary objection challenging the jurisdiction of the court on the ground that the defamatory statements were published online but the claimant did not show that the defamatory statements were downloaded and viewed in Delta State to give the court jurisdiction.
Meanwhile, following the petition to the police against Davido, the Nigeria Police Force Panti Division has sent a letter inviting the musician for a response regarding the criminal defamation of character and cyberbullying of Amaju Melvin Pinnick. This was also disclosed by the counsel to Davido, Mr. Norris Quakers (SAN).
It was gathered that Davido, who was spotted in Ilesha on Sunday, cannot be confirmed to have reported to the police as of Monday, January 15 as requested
But Soso Sorobekon, the agent that midwifed the deal that led to the suit, last November, reported to the police where he was grilled for several hours.
Unconfirmed reports indicated that he made startling revelations.
