N20B Suit: Court Rules Against Davido, Dismisses Preliminary Objection
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.
Newsmediang reported that Brownhill Investments Company Limited, owned by a former President of the Nigeria Football Federation, Mr Amaju Pinnick, filed the suit marked EHC/183/2023 before the Delta State High Court in Effurun.
The claimant, through its lawyer, Kelechi Onwuegbuchulem, is asking the court to award N2bn as general damages against Davido and his his music label, Davido Music Worldwide Limited.
The claimant is praying the court to award against Davido the sum of N150m as legal and professional fees and an additional sum of N30m as the cost of filing the suit.