Exclusive: D’banj Dragged To Court Over Alleged Bad Debts, Dud Cheque

MUSICIAN Dapo Oyebanjo, popularly known as D’banj is currently in court over a bad debt that his accusers now associate with fraud. That is the verifiable news in town.
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 who 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)

170, Siluko Road

Benin City,
Edo State.
                                                                                                              Tel: , 07088833488
Email:dennisodigie@live.com                                                Our Ref: DUO/GC/92/2014
                                                                                                        Date: June 13, 2014
Mr. Oladapo Oyebanjo(A.K.A. D’Banj)
No 8, Osaro Isokpan Street,
Lekki Phase 1,
Lagos, Nigeria.
Sir,
DEMAND FOR PAYMENT OF THE SUMS OF:
1.  $240,000.00 (TWO HUNDRED AND FORTY THOUSAND UNITED STATES DOLLARS) AND:
2.  N6,400,000.00K (SIX MILLION FOUR HUNDRED THOUSAND NAIRA ONLY).
BEING OUTSTANDING DEBTS OWED MINDHUB TECHNOLOGIES LTD.
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.
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.
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.
TAKE NOTICE that failure on your part to strictly comply with the aforementioned demand shall irrevocably constrain us to commence legal proceedings against you for appropriate reliefs, and ensure your prosecution under the said DISHONOURED CHEQUES ACT.
It is in your own interest to avoid litigation and the attendant embarrassment of wide and uncomplimentary media publicity that may necessarily accompany same.
Be Warned!! A stitch in time saves nine.
Yours faithfully,
For: D.U. ODIGIE & CO.
_____________________
C.I. UGWUANYI (MRS)
(Solicitor)  
_______________________________________________________________
Principal in Chambers: D. U. ODIGIE ESQ. LLB (Hons), LL.M, MPA, B.L, Notary Public
  

13 September 2013
Mr Oladapo Oyebanio
B Osaro Isokpan Street
Lekki Phase 1
Lagos.
Dear Sir,
Federal High Court, Ikoyi On The 116 Day of lanuary 2013 Given By
Oladapo Oyebanio (Guarantor) In Favour of Mindhub Technologies
Limited 0{indhub} {Guaranteel.
The above subject matter, our several mails, telephone conversations and
meetings between you and our Vice Chairrnan refer.
Recall that you agreed to act as a gltarantor for the payments owed to
Mindhub by D Kings Men Media Limited (“the company”) on account of
investment made by Mindh$ to the company as contained in the
Memorandum of Understanding dated 19th of October,z1ll.
Further recall that you undertook to refund to the company any payments
unpaid in line with the personal guarantee as follows:
D USD 30$,000 (Three Hundred Thousand United States Dollars only) on
or before ttreZfs of larutary 2013.
II) :N:15,000,000 (Fifteen Million Naira only) on or before the 25*of
lanwary 2413-
Up until now, despite our reminders through emails, meetings and telephone
conversations you have farled, refused/neglected to pay the aforementioned
pa-vments due to us as provided in the personal guarantee. ..,J-!r’
Ptot 15, Block 110, Henry Oloqho Crffient,
Off Road 69, Lekki Phase l, Lagos, Nigeria.
lel: +234 11) 454 4250, 454 4075
+234 {0) 70S 811 9874
Fd: +234 (1) 262 S205
Email: inf o@mindhubtech_com
Website: ww.mindhubtech.com
This letter constitutes a FINAL NOTICE OF DEMAND to Pay ffrc
outstanding sum of USD 3fi),{m and:N;15,{m0,{X)0 ilnmediately as outlined
in your Frsonal guarantee.
Should you fail to perform according to the executed Personal Guarantee
within seven fi days of reeipt of this letteu we shall not hesitate to exercise
the legat
“ights
and remedies avarlable to Mindhub without further notice to
you, ta compel performance of the SUarantee in accordance wi& ib t€nns.
Further note drat should we decide to exercise arry of the corrpanls rights
and lemedies under the guarantee, all costs arrd expenses shallbe fully bome
by yolr-
Oiogho
W
IN THE HIGH COURT OF JUSTICE
LAGOS STATE OF NIGERIA
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
                                                               SUIT NO:…………………………
BETWEEN
MINDHUB TECHNOLOGIES LTD………………………………………………… CLAIMANT
AND
OLADAPO OYEBANJO(A.K.A. D’BANJ)……..……….………………. DEFENDANT
MOTION ON NOTICE
BROUGTH PURSUANT TO ORDER 11 RULE 1 OF THE LAGOS STATE HIGH COURT CIVIL PROCEDURE RULES 2004 AND UNDER THE INHERENT JURISDICTION OF THIS HONOURABLE COURT.
TAKE NOTICE that this honourable court will be moved on the ………..day of ………2014 at the hour of 9’o clock in the forenoon or soon thereafter as counsel on behalf of the Applicant will be heard praying this Honourable Court for:
An order entering summary judgment for the claimant in favour of the Applicant in the terms of the claim set-out in the statement of claim in this suit.
And for such further order or other orders as this Honourable court may deem fit to make in the circumstances.
GROUNDS FOR THIS APPLICATION
The Defendant by Personal Guarantee/Memorandum of Undertaking undertook as guarantor to D’Kings Media Ltd, to pay to claimant the investment sums of USD500,000(Five Hundred Thousand United States Dollars)and 20,000,000.00(Twenty Million Naira Only)respectively, should D’Kings Media Ltd be unable to pay the monies to claimant. Following the latter’s failure to pay the debt to claimant, and pursuant to the aforesaid personal guarantee/memorandum of undertaking, the defendant paid part of the debt,leaving the balance sums of UDS260, 000 (Two Hundred and Sixty Thousand United States Dollars) and 6,400,000.00k (Six Million, Four Hundred Thousand Naira) respectively. In an attempt to pay up the balance sums of money, the defendant issued two dud cheques to claimant, hence this action.
Dated this ………………..day of ……………………………………………………..……….2014
______________________
C.I UGWUANYI (MRS)
For :D.U. ODIGIE & CO
(Claimant’s counsel)
       No 170 Siluko Road, Benin City
                                                                                       Tel:08035060050
                                                           
 ADDRESS WITHIN JURISDICTION
C/O Benedict Emeka Onyeabor Esq,
                                                         Sam Ogungbamila & Co,
No.104,Iwaya Road,
                                          Onike,Yaba,Lagos
FOR SERVICE ON
The Defendant,
Oladapo Oyebanjo
(A.K.A. D’BANJ, A.K.A THE KOKOMASTER)
No.8,Osaro Isokpan Street, Lekki Phase 1,Lagos.

IN THE HIGH COURT OF JUSTICE
LAGOS STATE OF NIGERIA
IN THE LAGOS JUDICIAL DIVISION
HOLDEN AT LAGOS
                                                               SUIT NO:…………………………
BETWEEN
…..
MINDHUB TECHNOLOGIES LTD…………………………………………… CLAIMANT
AND
OLADAPO OYEBANJO(A.K.A. D’BANJ)……………………………. DEFENDANT
STATEMENT OF CLAIM
1.   The claimant is a corporate body registered in Nigeria and carries on business in Lagos and Nigeria.
2.   The Defendant is an artiste and sole beneficiary of an investment fund that was made available on request for the promotion of a concert organised by D’KINGS MEDIA LTD.
3.   Sometime in 2012, in Lagos, the claimant entered into an investment arrangement with D’KINGS MEDIA LTD wherein the claimant invested same funds for the promotion of concerts to be organised by D’KINGS MEDIA LTD namely:
a)   USD 200,000 (Two Hundred Thousand United States Dollars Only)
b)  USD300,000 (Three Hundred Thousand United States Dollars Only)
c)   N5,000,000 (Five Million Naira Only)
d)  N15,000,000 (Fifteen Million Naira)
Total=USD500,000 (Five Hundred Thousand United States Dollars) and = 20,000,000.00 (Twenty Million Naira Only).
4.   Pursuant to the aforementioned investment arrangement, the defendant who is the sole beneficiary of the aforementioned concert investment entered into a Personal Guarantee/Memorandum of Undertaking with the claimant to pay the sums of money mentioned in paragraph 3 above in the event of D’KINGS MEDIA LTD’S failure to repay the money to claimant.
5.   Following D’KINGS MEDIA LTD failure to pay the investment fund back to the claimant, the defendant on the basis of the aforementioned Personal Guarantee/Memorandum of Undertaking paid the sums of UDS260,000 (Two Hundred and Sixty Thousand United States Dollars) and 6,400,000.00k (Six Million, Four Hundred Thousand Naira) respectively.
6.   Pursuant to the payment of the outstanding sums of money to the claimant, the defendant issued a cheque for the sum of USD240,000 (Two Hundred and Forty Thousand United States Dollars) in the name of HENRY OJOGHO who is claimant’s Vice Chairman. The cheque was returned unpaid on presentation.
7.   The defendant also issued a cheque for the sum of 15,000,000.00k (Fifteen Million Naira Only) in favour of claimant. The cheque was returned unpaid on presentation. The defendant thereafter paid the sum of 8,600,000 (Eight Million, Six Hundred Thousand Naira) to claimant, leaving the present balance sum of 6,400,000.00 (Six Million, Four Hundred Thousand Naira Only) which is now due and payable to claimant.
8.   Despite numerous promises from defendant and repeated demands from claimant (oral and written), the defendant has failed, refused and neglected to pay the outstanding debts to claimant
9.   WHEREOF, the claimant claims against the defendant the following outstanding/balance sums:
a)   USD240,000 (Two Hundred and Forty Thousand United States Dollars
b)  6,400,000.00k (Six Million Four Hundred Thousand Naira Only).
DATED THIS ………………….DAY OF ………………………………………………….2014
                                                                         _________________
C.I UGWUANYI (MRS)
For :D.U. ODIGIE & CO
(Claimant’s counsel)
   No 170 Siluko Road,
          Benin City,Edo State.
                                                                                    Tel:08035060050
                                                            ADDRESS WITHIN JURISDICTION
C/O Benedict EmekaOnyeabor Esq,
                                                      Sam Ogungbamila& Co,
                                                                             No.104,Iwaya Road,
                                          Onike,Yaba,Lagos
FOR SERVICE ON
The Defendant,
OladapoOyebanjo(A.K.A. D’BANJ,A.K.A THE KOKOMASTER)
No.8,OsaroIsokpan Street, Lekki Phase 1,Lagos.

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