Wale Igbintade
The Delta State Excessive Courtroom sitting in Effurun has rejected the applying filed by Nigerian-American singer, David Adedeji Adeleke, popularly often known as Davido, in search of a keep of proceedings within the N2 billion swimsuit filed towards him by Brownhill Funding Firm Restricted over the annual ‘Warri Once more Live performance’
The claimant, within the swimsuit quantity EHC/183/2023, is praying the court docket to award N2billion as basic damages towards Davido.
Moreover, the claimant is praying the court docket for N150 million as authorized {and professional} charges, and extra sum N30million as value of submitting the swimsuit.
Listed as defendants within the swimsuit are David Adeleke a.ok.a “Davido”, and his music label, Davido Music Worldwide Restricted.
When the swimsuit got here up yesterday, Wednesday, 21 February, 2024, Davido’s authorized crew led by Norrison Quakers SAN knowledgeable the court docket that there was a pending enchantment and that the defendants have filed a movement for keep of proceedings.
Quakers additionally advised the court docket that the defendants have been served with a replica of the claimant’s counter affidavit to the mentioned movement for keep.
Nevertheless, he utilized to withdraw the movement, counting on the provisions of Order 4, Rule 11 of the Courtroom of Attraction Guidelines and submitted that the Courtroom of Attraction has change into seized with authority over the proceedings pending earlier than the decrease court docket.
Claimant’s crew of attorneys led by Kelechi Onwuegbuchulem from the regulation agency of Alegeh & Co, didn’t oppose the applying to withdraw the movement and the court docket granted similar in accordance.
Onwuegbuchulem, nonetheless notified the court docket of a pending movement for extension of time to regularise the claimant’s reply to the assertion of defence and sought to maneuver similar.
Opposing the applying, Quakers submitted that, counting on Order 4, Rule 11 of the Courtroom of Attraction Guidelines, the decrease court docket can not take additional steps within the matter since an enchantment has been validly entered.
Onwuegbuchulem nonetheless, urged the court docket to refuse the applying for keep of proceedings on the premise that an enchantment doesn’t function as computerized keep of proceedings and that within the absence of any order of the Courtroom of Attraction staying proceedings, the decrease court docket was at liberty to proceed.
The court docket in a bench ruling upheld the claimant’s argument and held that till an order staying additional proceedings is obtained from the Courtroom of Attraction, the Excessive Courtroom will proceed with proceedings within the case.
The court docket additionally granted the movement on discover in search of to regularise the claimant’s reply to the assertion of defence, and directed that Pre-Trial Convention (PTC) varieties be filed inside 14 days in keeping with the principles of the court docket.
The Courtroom adjourned the case to March 21, 2024 for Pre-Trial Convention.
Recall that Davido had, in his Preliminary Objection challenged the jurisdiction of the court docket, on the grounds that the case ought to not happen in Effurun
He additionally argued that the case is a debt restoration matter and that the claimant should have written a letter of demand first earlier than speeding to court docket.
However the court docket in its ruling dismissed the preliminary objection.
In the meantime, a consultant of Brownhill Group, Mr. Tuoyo Odolomerun, when requested by journalists why the case couldn’t be amicably settled, he was fast to reply “that our phrases for settlements are very clear and our crew of attorneys have the mandate accordingly.” He restated the claimant’s dedication to pursuing the matter to a logical conclusion to function a deterrent to others.
Odolomerun added that there was have to sanitise the music business which has given Nigeria quite a lot of international consideration and glory by making use of its intensive enforcement equipment as a way to be sure that the business follows international finest practices and provides worth to the practitioners in addition to different stakeholders within the business in a method that can assist the financial development of the nation.
