Breach of contract: Court dismisses Davido’s preliminary objection, fixes date for trial

THigh Court of Delta State sitting in Effurun has dismissed the preliminary objections filed by the Nigerian singer, David Adedeji Adeleke, popularly known as Davido, and his company, Davido Music Worldwide Limited.

The objection was 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 yearly ‘ 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 the ruling delivered, on Tuesday, in suit marked EHC/ 183/ 2023 between Brownhill Investments Company Limited and Davido & Davido Music Worldwide Limited, bordering on breach of contract, the court dismissed 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 money claimed in the case. It 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 deterthe online defamatory statemine the nature of the suit. ments while still in the Besides, the court held that state. the reliefs sought in the suit Consequently, the court is showed clearly that the matnow set to proceed with ter was a breach of contract hearing and determination action, which does not reof all the cases filed against quire issuance of any letter the defendants. of demand prior to filing The cases have been adand/ or instituting the same. journed for hearing of other In the sister case bordering pending applications. on defamation, the court Meanwhile, counsel to the held that the High Court of defendants said efforts were Delta State has territorial juin top gear to resolve the risdiction to hear and detercase out- of- court when it mine the two cases was suggested. bordering on defamation, But the claimant, in a swift as it was established that the reaction, noted that no conclaimant, who is resident crete arrangement has been within Delta State, was presmade because the defenent in the state at th e time dants want the out- of- court the defendants posted the settlement to be on their alleged defamatory publicaterms, a decision they retions online and also viewed jected.