Breach of Contract: Court Dismisses Davido’s Preliminary Objection

The High 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 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 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 while 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.

Meanwhile, counsel to the defendants said efforts were in top gear to resolve the case out-of-court when it was suggested.

But the claimant, in a swift reaction, noted that no concrete arrangement has been made because the defendants want the out-of-court settlement to be on their terms, a decision they rejected.

The claimant, Brownhill Investments Company Limited, had, through its counsel, Kelechi Onwuegbuchulem, in suit number EHC/183/2023, prayed the court to award N2 billion as general damages against Davido.