Breach of contract: Court dismisses Davido’s preliminary objection

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.

Requesting 2 billion Naira for damages is laughable. The defendant boldly stated made it known that he won’t be available for the show and they company went ahead using his name to market the show. The turn up was still high and the show took place. Am still wondering why demanding for 2 billion when the show took place . I don’t see brown hill winning their case.

bluebay:
Requesting 2 billion Naira for damages is laughable. The defendant boldly stated made it known that he won’t be available for the show and they company went ahead using his name to market the show. The turn up was still high and the show took place. Am still wondering why demanding for 2 billion when the show took place . I don’t see brown hill winning their case.

So you know all these about the case but you cleverly ignored the part where the defendant refused to return the appearance fees and also made jokes and defamed the claimant.ums think say the law na joke o,and the joker of a defendant is now seeking for out of court settlements.ns this year that una 001 go get sense by force,abu salami case still dey come up o,he go feel am this year.

They should go and sue him in U.S. like Amaju. That's the only language he understands.

Blazebond:


So you know all these about the case but you cleverly ignored the part where the defendant refused to return the appearance fees and also made jokes and defamed the claimant.ums think say the law na joke o,and the joker of a defendant is now seeking for out of court settlements.ns this year that una 001 go get sense by force,abu salami case still dey come up o,he go feel am this year.

He would rather begged for outside Court settlement than to apologize due to arrogance and pride. That's what he did too when Amaju was taking the case to U.S.. He will be wrong and insulting/boasting at the same time, then his ass lickers will support him.

bluebay:
Requesting 2 billion Naira for damages is laughable. The defendant boldly stated made it known that he won’t be available for the show and they company went ahead using his name to market the show. The turn up was still high and the show took place. Am still wondering why demanding for 2 billion when the show took place . I don’t see brown hill winning their case.

Why take a contract and stop it halfway? Do you know how many people have accused him of this same thing?
He took a contract, the people spent on advertisements, he cancelled, are they supposed to go and spend on another advertisement all over or what? Do you know how much these people spend on advertising?