High Court of Delta State in Effurun has dismissed preliminary objections by Nigerian-American singer, David Adeleke, a.k.a Davido, and his company, Davido Music Worldwide.
They challenged the court’s jurisdiction to hear and determine a breach of contract suit filed against them by Amaju Pinnick and Brownhill Investment Company on the annual ‘Warri Again Concert’ in which he allegedly failed to perform after receiving payment.
The court also dismissed another objection by Davido Music Worldwide and Israel Afeare challenging the court’s jurisdiction to hear the defamation case filed against them.
In its ruling yesterday in suit EHC/183/2023, the court dismissed the defendants’ arguments that the matter was a debt recovery case and was premature since the claimant failed to issue a letter of demand for a refund of money claimed in the case.
It agreed with the submissions of claimant’s counsel that the reliefs sought must be read jointly and not in isolation to determine the nature of the suit.
Besides, the court held that the reliefs sought showed that the matter was a breach of contract which does not require the issuance of a letter of demand.
In the sister case of defamation, the court held that it has territorial jurisdiction to hear and determine the cases.
The court said it was established that the claimant, who resides in Delta, was present in the state at the time the defendants posted the alleged defamatory publications online and viewed the online defamatory statements while in the state.
The cases have been adjourned for hearing of other pending applications.
When the idea of an out-of-court settlement was mooted, defendants counsel said efforts were on to resolve the case.
But the claimant said there had been no progress because they wanted settlement on their terms, a decision they rejected.
Brownhill Investments had, through its lawyer, Kelechi Onwuegbuchulem, prayed the court to award N2 billion as damages against Davido.
The claimant asking for N150 million as fees, and N30 million as cost.
The musician, in his preliminary objection, challenged the jurisdiction on the grounds that the case was a debt recovery matter and that the claimant ought to have written a letter of demand before approaching the 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 also filed a preliminary objection challenging the court’s jurisdiction 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.
The Panti Division of the Police has sent a letter inviting the musician for a response regarding the criminal defamation of character and cyberbullying of Amaju Melvin Pinnick.
It followed a petition to the police against Davido.
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