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Breach of contract: Court dismisses Davido’s preliminary objection

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A Delta State High Court sitting in Effurun has dismissed the preliminary objection by Nigerian singer, David Adedeji Adeleke, popularly known as Davido, and his company, Davido Music Worldwide Limited, challenging the jurisdiction of the court to hear and determine the breach of contract suit against him by Brownhill Investment Company Limited over the annual ‘Warri Again Concert’.

Trial judge, Justice Nduka Obi, also dismissed another objection by Davido Music Worldwide and Israel Afeare, challenging the jurisdiction of the court to hear the defamation case filed against them.

 

In its ruling in Suit No. EHC/183/2023 between Brownhill Investment Company Limited vs. Davido & Davido Music Worldwide Limited bordering on breach of contract, the court dismissed the arguments by the defendants that the matter was a debt recovery case and premature since the claimant failed to issue a letter of demand requesting for a refund of monies claimed in the case.

 

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It agreed with the submissions of the claimant’s counsel to the effect that the reliefs sought in the writ of summons must be read jointly and cannot be read in isolation to determine the nature of the suit.

 

The court held that the reliefs sought in the suit showed clearly that the matter was a breach of contract action which does not require the issuance of any letter of demand before filing and/or instituting same.

 

In the sister case bordering on defamation, the court held that the High Court of Delta State has territorial jurisdiction to hear and determine the two cases bordering on defamation as it was established that the claimant, who is a resident of Delta State, was present in the state at the time the defendants posted the alleged defamatory publications online and also viewed the online defamatory statements whilst still in the state.

 

The court has adjourned to hear all the cases filed against the defendants.

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Meanwhile, it was gathered that when the idea of an out-of-court settlement of the matter was mooted in court, counsel to the defendants said efforts were in top gear to resolve the case.

 

However, the claimant noted that no concrete arrangements had as made because the defendants wanted the out-of-court settlement to be on their terms, a decision they rejected.

 

The claimant, Brownhill Investments Company Limited had through its lawyer, Kelechi Onwuegbuchulem in a suit, prayed the court to award N2billion as general damages against Davido.

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BREAKING: Veteran Yoruba actor Ogunjimi dead

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Veteran Yoruba actor, Ganiyu Oyeyemi popularly known as Ogunjimi, is dead.

Ogunjimi’s death was announced by a Yoruba actor, Kunle Afod, in a post on his Instagram page.

Mourning the actor, Afod wrote, “We tried our best but God loves you more.

May his soul rest in peace. Baba Ogunjinmi, RIP, Sun re oooo.”

 

At the time of writing this report, the cause of death has not yet been ascertained.

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Why I relocated to America – Actress Doris Simeon

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For nearly a decade, fans of Nollywood actress, Doris Simeon, whose roles in Yoruba films in the 2000s captivated many, continued to yearn for her on-screen brilliance.

In an interview with actor Kunle Afod, Doris opened up about her hiatus and journey to America, inferring that the decision to leave Nigeria six years ago was personal.

She said: “Many people know that my child and his father are in America, and that’s one of the reasons I relocated to America.”

Doris married filmmaker Daniel Ademinokan, whom he met on a movie set in 2008 but divorced in 2011. The union produced a son, David. Upon their divorce, the filmmaker moved to America, where he married Stella Damasus, whom he would later divorce.

 

Although fully settled in the US, Doris says she misses home, especially the Nigerian delicacies.

 

“I left Nigeria in 2018, and since then, I haven’t returned to the country. Even though I miss Nigeria, especially the roadside food and street vendors, I long for my family and friends and being on set, especially when I see actors and actresses sharing behind-the-scenes moments on their social media platforms.”

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The 44-year-old actress stated that she plans to visit Nigeria within the next one to two years.

 

Journey to America
After facing several denials, Doris revealed she got her visa to travel to America in 2012. The actress, who portrayed Da Grin’s girlfriend in 2010 ‘Ghetto Dreamz’ and co-produced ‘Omo Iya Kan’, said her initial attempt was in 2009 in Abuja but was denied, adding that she lost hope afterwards.

“I did the one I got in Lagos State, and when I wanted to go for the interview, I went to get a place to sleep on the Island to reach the embassy early because I was living on the Mainland. But I discovered I had left my passport at home. So, I decided to return to Akute on the Mainland to pick it up, but I encountered heavy traffic. When I arrived in Akute, my friend who was living there brought it for me.

 

“There was heavy traffic on the Third Mainland bridge, but I reached the embassy’s parking lot by 7:00 AM and began searching for my visa receipt. I gave up and planned to return home before finding the receipt in my wallet. Upon reaching the embassy, they only asked me what I was going for, and I said an award. They inquired if it was NEA, and I confirmed. They searched the movie online, found my name, and that’s how I obtained my visa,’’ she recalled.

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The 2010 Zafaa Award winner for Best Indigenous Actress said she only visited America and returned to Nigeria before she decided to move in 2018 permanently.

America
The 2008 AMAA Awards’ Best Indigenous Actress noted that beginning a new life in America wasn’t easy.

The actress, currently a hairdresser, said: “If you’re lazy, you’ll suffer, and those who have been here for the past 20 and 50 years aren’t finding life easy. The system wasn’t designed to allow you to afford some bills without working or being given money. If you don’t work, you won’t eat or pay your bills; if the bills aren’t, the person will sleep in the cold. I have done much work since I relocated, such as a delivery job, personal shopper, and hairdresser. I currently work at ‘Heart and Home for Youths, a foster care and group home programs for youth and teen mothers in Maryland. ”

 

The actress, who received the 2015 All Youths Tush Awards AYTA Role Model (Movie) Award, added that one of the most challenging aspects for her was waking up early for work.

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Doris, who secured her first role at an audition for a cameo in a situational comedy sitcom produced by Wale Adenuga Productions (WAP) titled ‘Papa Ajasco’ said, “The timing can vary depending on the shift, but regardless of the job, individuals still need to wake up early.”

 

Doris began her acting career with roles in three episodes of the Papa Ajasco comedy series and starred in several movies, including Oloju Ede, Alakada, Ten Million Naira, Modupe Temi, Eti Keta, and others.

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BREAKING: Yoruba actor, Baba Ijesha appeals conviction

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The appeal by Nollywood actor,  Olanrewaju James, better known as Baba Ijesha, challenging his conviction by a Lagos State High Court over the sexual assault of a minor, has been adjourned by a Court of Appeal sitting in Lagos.

 

The appeal court reserved for judgment, the appeal, yesterday, after hearing arguments of parties.

 

Justice Folasade Ojo is leading the three-man panel of the appellate court. Other members of the panel are Justice Abdullahi Bayero and Justice Paul Bassi.

 

Baba Ijesha in the appeal, had asked the court to set aside the judgment of the lower court.

 

Recall that Justice Oluwatoyin Taiwo, now retired of the Ikeja Domestic Violence and Sexual Offences Court, had on July 14, 2022,  convicted and sentenced Baba Ijesha to five years imprisonment over the sexual assault of a minor.

 

The judge found him guilty of four counts out of six counts, of the charges preferred against him by the Lagos State government.

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Dissatisfied with the judgment, Baba Ijesha through his counsel, Mr Kayode Olabiran, appealed,  praying the appellate court to declare that his conviction and sentence were done in error.

 

At the hearing of the appeal, yesterday, Baba Ijesha’s counsel argued that the prosecution could not prove that Baba Ijesha sexually assaulted the victim.

 

Olabiran argued, “The charge itself is centered on defilement of a minor but the prosecution couldn’t prove the age of the victim.

 

“The appellant was set up. The appellant is an actor. He acted in a script that he was invited to act by his colleague (PW1), Damilola Adekoya.

 

“(PW1) Damilola Adekoya, asked the appeallant to come and act a script. It is in the statement of PW1, at Panti Police Station, unknowingly to the appellant there was a CCTV in the sitting room.

 

“Whatever we watched in that movie was a script by the producer and the video of the scene of the acting was tendered by the prosecution.

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“Based on his confessional statement as at the day of the arrest, he was under duress and there were so many people who were beating him that was when he confessed to the offence,” he said.

 

Olabiran urged the court to allow the appeal and  set aside the judgment of the lower court, delivered on July 14, 2022.

 

Responding, Director of Public Prosecution, DPP, Dr. Babajide Martins urged the court to dismiss the appeal as it’s lacking in merit and also a misconception.

 

He urged the court to affirm the judgment of the lower court delivered on July 14, 2022, which convicted Baba Ijesha of indecent treatment of a child and sexual assault.

 

According to him, “At the time she (victim) gave evidence in 2021, she was 17 years old, which still makes her a child.”

 

 

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