Alleged breach of contract: Court declines Davido’s application for stay of proceedings

A Delta State High Court sitting in Effurun has refused the application by Nigerian-American singer, David Adeleke, popularly known as Davido, seeking a stay of proceedings in the N2 billion suit filed against him by Brownhill Investment Company Limited over the annual ‘Warri Again Concert’

The claimant, in the suit, is praying the court to award N2 billion as general damages against Davido.
Besides, the claimant is praying to the court for N150 million as legal and professional fees and an additional N30 million as the cost of filing the suit.

Defendants in the suit are David Adeleke a.k.a “Davido,” and his music label, Davido Music Worldwide Limited.
At the hearing in the matter, Davido’s counsel, Mr Norrison Quakers, SAN, informed the court that there was a pending appeal and that the defendants had filed a motion for a stay of proceedings.

Quakers further told the court that the defendants had been served with a copy of the claimant’s counter affidavit to the said motion for stay.

However, he applied to withdraw the motion and submitted that the Court of Appeal had become seized with authority over the proceedings pending before the lower court.

Claimant counsel, Kelechi Onwuegbuchulem, did not oppose the application to withdraw the motion and the court granted the same according.

The court in a bench ruling upheld the claimant’s argument and held that until an order staying further proceedings is obtained from the Court of Appeal, the High Court will continue with proceedings in the case.

The court also granted the motion on notice seeking to regularise the claimant’s reply to the statement of defence and directed that Pre-Trial Conference, PTC, forms be filed within 14 days in line with the rules of the court. The court adjourned the case to March 21, 2024, for a pre-trial conference.

Recall that Davido had, in his preliminary objection challenged the jurisdiction of the court, because the case ought not to take place in Effurun

But the court in its ruling dismissed the preliminary objection.

 


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