A Delta State High Court sitting in Effurun has refused the application by singer 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 numbered EHC/183/2023, is praying for N2bn as general damages against Davido.
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 for further proceedings is obtained from the Court of Appeal, the High Court will continue with proceedings in the case.
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 objection.
