usician Dapo Oyebanjo, popularly known as D’banj is currently in court over a bad debt that his accusers now associate with fraud.
The sad side of this
story is that, the musician whose career has taken a downward spin in
the last three years is indebted to not just Mindhub Technologies but to
a whole lot of people whom he sweet talked into getting money from with
the promise that he was going to pay back after his shows.
And if care is not
taken, the self styled Koko Master runs the risk of a jail term for
allegedly issuing a dud cheque to Mindhub Technologies. In a letter
dated June 13, 2014 that leaked, the accuser’s attorney, D.U. Odigie of
Uyi Chambers, Benin City, Edo State demanded for the repayment of the
debts of $240, 000 (two hundred and forty thousand United States
Dollars) and N6.4m (six million four hundred thousand naira).
“We act as Solicitors to MINDHUB TECHNOLOGIES LTD (hereinafter called “OUR CLIENT”), and on whose instruction we write you this letter in the manner stated hereunder.
It is our brief that
sometime in January 2013 in Lagos, you signed a Personal
Guarantee/Memorandum of Undertaking with our client wherein you
agreed/undertook to pay our client the investment fund of
N100,000,000.00k (One Hundred Million Naira Only) given to D KINGS MEDIA LIMITED by
our client, should the latter default in payment of the debt. The said
debt is made up of Nigerian and United States of America’s currencies,”
the letter stated.
The attorney accused D’banj of issuing two dud cheques: “Following the default by D KINGS MEDIA LIMITED to
pay the debt to our client, and pursuant to the aforementioned personal
Guarantee/Memorandum of Undertaking, you issued two post-dated cheques;
one for the sum of $240,000,000 (Two Hundred and Forty Thousand United
States Dollars Only) dated 20/12/2013, and the other for the sum of
N15,000,000,00k (Fifteen Million Naira Only) dated 20/1/2014. Both
cheques were returned unpaid on presentation by our client.
“We are further informed
that although you thereafter paid the sum of N8, 600,00.00K ( Eight
Million, Six Hundred Thousand Naira Only) out of the N15,000,000,00k
(Fifteen Million Naira Only) Cheque, leaving a balance sum of
N6,400.000.00k (Six Million, Four Hundred Thousand Naira Only), you have
failed, neglected or refused to redeem the entire or any part of the
$240,000.00 (Two Hundred and Forty Thousand United State Dollars)
cheque,” the letter signed by a Mrs. C.1 Ugwuanyi said.
The letter reminded the
singer of the implications of issuing dud cheques. “You are no doubt
aware that it is a serious criminal offence to issue a dud cheque. The
offence attracts grave legal consequences under the DISHONOURED CHEQUES ACT, and our client has the option to ensure your prosecution.
“In the circumstance, we
have our client’s instruction to demand payment of the aforementioned
outstanding sums/debts of $240,000.00 (Two Hundred and Forty Thousand
United States Dollars) and N6, 400.000.00k (Six Million, Four Hundred
Thousand Naira Only) respectively to our client through this Law office
within seven days from the date of receipt of this letter.” The
ultimatum has elapsed and D’banj according to reports, instead of paying
the money, decided to flee to South Africa. Mindhub Technologies have
since sued him to a Lagos High Court (we must put in the suit number).
D’banj’s modus operandi has
been the same, he approaches very wealthy men luring them to invest in
the industry, to set up entertainment companies and develop artistes for
them with the promise of huge returns on their investments, but rather
he collects their money and moves on to the next target with the same
D’banj is allegedly
indebted to so many wealthy people who he took soft loans from to fund
his shows and expensive life style according to a close source.
The implication of
D’banj’s actions on the entertainment industry is that, people willing
to invest would be scared because the ones that have tried it with him
have had their fingers burnt. That is just the sad reality of the
situation.
The documents:
IN THE HIGH COURT OF JUSTICE
LAGOS STATE OF NIGERIA
IN THE LAGOS JUDICAIL DIVISION
HOLDEN AT LAGOS
GENERAL FORM OF WRIT OF SUMMONS
SUIT NO:…………………………
BETWEEN
MINDHUB TECHNOLOGIES LTD………………………………… CLAIMANT
AND
OLADAPO OYEBANJO
(A.K.A. D’BANJ, A.K.A THE KOKOMASTER)………………………... DEFENDANT
To:Defendant,No.8,OsaroIsokpan Street, Lekki Phase 1,Lagos.
You are hereby commanded
that within forty-two days after the service of this writ on you,
inclusive of the day of such service you do cause an appearance to be
entered for you in an action at the suit of MINDHUB TECHNOLOGIES LTD and
take notice that in default of your so doing the claimant may proceed
therein, and judgment may be given in your absence.
DATED this ………………………….day of ………………………..20……………..
……………………
Registrar
Memorandum to be subscribed on the writ.
NB:
This writ is to be
served within three calendar months from the date thereof, or, if
renewed, within three calendar months from the date of the last renewal,
including the day of such date, and not afterwards.
The defendant may enter
appearance personally or by legal practitioner either by heading in the
appropriate forms, duly completed, at the Registry of the High Court of
the Judicial Division in which the action is bought or by sending them
to the registry by registered post.
Indorsements to be made on the writ before issue thereof
The claimant’s claims for recovery of debt.(liquidated demand)’
This writ was issued by
Dennis UyiOdigie of …. D.U Odigie& Co. whose address for service is
170 Siluko Road, Benin City, Nigeria, and whose Address within
Jurisdiction is c/o Benedict EmekaOnyeabor Esq., Sam
Ogungbamila&Co, No. 104, Iwaya Road, Onike, Yaba, Lagos, legal
practitioner for the said claimant who resides at Plot 15 Block 110,
Henry ojogho Crescent, Off Road 69, lekki Phase 1, Lagos.
Indorsement to be made on copy of writ forthwith after service.
This writ was served by the at……………………on the defendant (here insert mode of service)
On the ………………………..day of ………………20…………………..Indorsed the ……………..day of ………………………..20……………………
…………………………………………
(Signed)
………………………………………
(Address)
CLAIM
By a Personal
Guarantee/Memorandum of Undertaking dated 7/1/2013, the defendant
undertook/promised to pay or to be held liable to the Claimant for the
sums of USD500,000 (Five Hundred Thousand U.S Dollars) and N20, 000,
000.00 (Twenty Million Naira) respectively which DKINGS MEDIA LTD was to
pay to claimant under a contract it signed with the claimant, in the
event of DKINGS MEDIA LTD failure to pay the debt to claimant.
Following D’KINGS MEDIA
LTD’S failure to pay up the aforesaid sums of money to the claimant, the
defendant paid to the claimant the sums of USD 260,000 (Two Hundred and
Sixty Thousand U.S Dollars) and N13,600,000.00(Thirteen Million, Six
Hundred Thousand Naira) leaving the balance sums of USD 240,000 (Two
Hundred and Forty Thousand U.S Dollars) and N6,400,000.00 (Six Million
Four Hundred Thousand Naira Only) respectively.
Despite numerous
promises from the defendant, and in spite of repeated demands from the
Claimant, the defendant has failed, refused or neglected to pay the said
outstanding sums of USD 240,000 (Two Hundred and Forty Thousand U.S
Dollars) and N6,400,000.00 (Six Million Four Hundred Thousand Naira
Only) to the claimant, hence this action.
The claimant hereby
gives the defendant NOTICE TO PRODUCE the original copies of all
correspondence/relevant documents issued to him by claimant who shall at
the trial rely on same.
DATED THIS………………….DAY OF……………………………2014
_________________
D.U.ODIGIE ESQ
For :D.U. ODIGIE & CO.
(Claimant’s counsel)
No 170 Siluko Road,
Benin City,
Edo Sate.
Tel:08035060050
ADDRESS WITHIN JURISDICTION
C/O Benedict EmekaOnyeabor Esq,
Sam Ogungbamila& Co,
No.104,Iwaya Road,
Onike,Yaba,Lagos
D.U.ODIGIE &CO
LEGAL PRACTITIONERS AND NOTARIES PUBLIC
(Uyi Chambers)culled from cityrovers
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