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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


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



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

Source link: Nigerianeye

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