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Court throws out Davido’s preliminary objection to breach of contract Suit

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Court throws out Davido’s preliminary objection to breach of contract Suit

The Delta State High Court in Effurun, has dismissed the preliminary objections filed by singer David Adeleke, alias Davido and his company, Davido Music Worldwide Limited, 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 annual ‘Warri Again Concert’.

The court equally 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 delivered on Tuesday in Suit No. EHC/183/2023 between Brownhill Investments Company Limited vs. Davido & Davido Music Worldwide Limited bordering on breach of contract, the court discountenanced 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 monies claimed in the case.

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The court 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 determine the nature of the suit.

Besides, 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 prior to filing and/or instituting the 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 resident within 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.

Consequently, the court is now set to proceed with hearing and determination of all the cases filed against the defendants.

The cases have been adjourned for hearing of other pending applications.

 

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