A Delta State High Court has dismissed the preliminary objection by 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, 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.
The court 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.
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 N2 billion as general damages against Davido for failing to perform at the 2023 ‘Warri Again Concert’ despite being paid.