A Delta State High Court of Delta State sitting in Effurun, will now proceed to hear the breach of contract suit against Nigerian-American singer, David Adedeji Adeleke, popularly known as Davido and his company, Davido Music Worldwide Limited by Amaju Pinnick and Brownhill Investment Company Limited over the annual ‘Warri Again Concert.’
The court on Tuesday said it has jurisdiction to hear the suit against Davido and his company, Davido Music Worldwide Limited.
Davido had in his preliminary objection, challenged the jurisdiction of the court to hear and determine the breach of contract suit.
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.
Trial judge, Justice Nduka Obi, dismissed the arguments 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.
The court agreed with the argument of claimant’s counsel 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 also 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 same.
In the sister case, the court held that the Delta State High Court 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.
The court is now to proceed with hearing and determining all the cases filed against the defendants, as it adjourned for hearing of pending applications.
