In a plea submitted through his lawyer, Chukwuebuka Atusiuba, of Saka Jojo, Lagos State, Nigerian singer, Davido, urged the Delta State High Court to strike out a case initiated by Brownhill Investments Company Limited, organizers of the annual “Warri Again Concert.”
The firm, owned by former President of the Nigeria Football Federation Amaju Pinnick, claimed Davido requested to perform at their event but failed to honour the commitment.
Davido’s lawyer argued in the Preliminary Objection that the claimant did not present a formal letter of demand for the alleged sum owed before resorting to legal action, hence challenging the court’s jurisdiction to entertain the case. The singer contends that the lawsuit is premature and should be dismissed.
Brownhill Investments Company Limited had asserted that Davido sought to perform at their event, signed agreements, and insisted on full payment. However, he allegedly breached the contract by performing at another event on the same date.
In the ongoing case, the claimant, represented by Kelechi Onwuegbuchulem, is seeking N2 billion in general damages from Davido and his music company, Davido Music Worldwide Limited. The artist’s legal team contends that the court lacks jurisdiction to grant the reliefs sought by the claimant and calls for the dismissal of the suit.
Meanwhile in the notice of preliminary objection filed by Davido’s team of lawyers, the singer stated that “It is therefore contended that the present action is not competent as the Honourable Court does not have the requisite jurisdiction to grant Reliefs III and IV of the Claimant’s writ of summons. Hence, the present action is premature and incompetent.”
The lawyers said, “The instant application is brought pursuant to Order 39 of the High Court Of Deltal State (Civil Procedure) Rules, 2009; Section 6(6) of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended) and Under the Inherent Jurisdiction of this Honourable Court.
“The Defendants/Applicants are praying this Honourable Court for the following reliefs: 1. AN ORDER of this Honourable Court striking out the Claimant’s suit for want of jurisdiction.
“2. AND FOR SUCH FURTHER ORDER OR ORDERS as this Honourable Court may deem fit to make in the circumstance a. That the Claimant/Respondent filed this suit praying to the court in its reliefs III and IV for a refund of the sums of $94,500.00 and $18.000.000 respectively.
“b. The Claimant’s Reliefs III and IV of the Writ of Summons are in the nature of debt recovery and the condition precedent required to trigger the jurisdiction of this Honourable Court has not been complied with.
“c. The Claimant has not written a formal letter of demand to the Defendants for the refund of the alleged sum which has now become a debtbefore rushing to court which has robbed the court of jurisdiction until the condition precedent is fully satisfied.
“d. In consequence of ground (c), the present action is Incompetent as the Honourable Court does not have the requisite jurisdiction and the suit ought to be struck out.
“The present action is premature and incompetent as the said Reliefs III and IV are the fulcrum and gamut of the Claimant’s entire action and are what give life to other reliefs 1. The Court lacks jurisdiction to entertain this present suit.”