High Court of Delta State sitting in Effurun, Warri has refused an application by Nigerian-American singer, David Adedeji Adeleke, popularly known as Davido, for a stay of proceedings.
The motion was rejected in the N2 billion suit filed against him by Brownhill Investment Company Limited over the annual ‘Warri Again Concert’.
The claimant, in the suit numbered EHC/183/2023, is praying for N2billion as general damages against Davido.
Brownhill Investment is also praying for N150 million as legal and professional fees, and N30million as the cost of filing the suit.
David Adeleke a.k.a “Davido”, and his music label, Davido Music Worldwide Limited are the defendants.
On February 21, Davido’s legal team led by 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.
The claimant’s team of lawyers led by Kelechi Onwuegbuchulem from the law firm of Alegeh & Co, notified the court of a pending motion for an extension of time to regularise the claimant’s reply to the statement of defence and sought to move it.
Opposing the application, Quakers, relying on Order 4, Rule 11 of the Court of Appeal Rules, argued the lower court could not take further steps in the matter since an appeal had been validly entered.
Onwuegbuchulem, however, urged the court to refuse the application for a stay of proceedings on the basis that an appeal does not operate as an automatic stay of proceedings.
He argued that in the absence of any order of the Court of Appeal staying proceedings, the lower court was at liberty to proceed.
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.
Davido in his Preliminary Objection challenged the jurisdiction of the court on the grounds that the case ought not to take place in Effurun
He also argued that the case is a debt recovery matter and that the claimant ought to have first written a letter of demand before rushing to court.
But the court dismissed the preliminary objection.
A representative of Brownhill Group, Mr. Tuoyo Odolomerun, on why the case could not be amicably settled, said: “Our terms for settlements are very clear and our team of lawyers have the mandate accordingly.”
He restated the claimant’s commitment to pursuing the matter to a logical conclusion to serve as a deterrent to others.
Odolomerun added that there was a need to sanitise the music industry which has given Nigeria a lot of global attention and glory by applying its extensive enforcement machinery.
This, he said, is to ensure that the industry follows global best practices and adds value to the practitioners as well as other stakeholders in the industry in a way that will help the economic growth of the country.
