Tempoe Takes Asa, P.priime and others to court!

Nigerian multiple hits producer, Michael Alagwu popularly known as Tempoe, on the 20th of July,2022 obtained an interim injunction from a Federal High Court sitting in Ikoyi, Lagos. This interim injunction was against Asa, P.Priime, Rue 11 Limited, and Platoon Limited to desist from further usage and promotion of two songs off “V”; “IDG” ft. Wizkid and “Love Me or Give Me Red Wine”. An interim injunction is a temporary order given by a court of law that tells someone either to do or not do something until an official decision on the case can be made (Cambridge Dictionary)

Pulse NG obtained the document which contains the lawsuit on the 22nd of July, 2022. Tempoe allegedly produced these two songs off Asa’s fifth studio album ‘V’ about a year ago, but both parties couldn’t reach an agreement over the rights and financials of the songs. P.prime eventually produced the version of both songs on the album, and this makes him a party to the case.

Platoon Limited, a distribution company, is also part of the suit because they possess rights to the album. Pulse also gathered that before it became a legal case, Platoon was notified of the copyright infringement by Tempoe before the release of the album but proceeded with its release.

See details of the order below

In the document numbered FHC/L/CS/262/2022, the plaintiff (Tempoe) made the following prayers in a Motion Exparte filed on July 1, 2022;

1. AN ORDER OF INTERIM INJUNCTION restraining the Defendants/ Respondents jointly or severally whether by themselves, their assigns, agents, and servants howsoever from further distributing, offering for sale, performing any of the said musical works titled ‘IDG’ and ‘Love Me or Give Me Red Wine’ in whatever manner pending the determination of the Applicant’s Motion on Notice.
2. AN ORDER granting leave for the Plaintiff/ Applicant to publish a copy of the enrolled order that may be made pursuant to this application in at least one (1) national newspaper circulating in Nigeria.
3. AND for such further order(s) as this Honorable Court may deem fit to make in the circumstances.

UPON READING through the said Motion, its supporting Affidavit of four (4) paragraphs deposed to by Gboyega Aina, Adult, Male, Nigerian of Osuntuyi & Tokan – Lawal Law, 19A Akinosivemi Street, Ikeja, Lagos as exhibits marked “TI-T7” attached thereto and Written Address signed by Adefoworola Tokan• Lawal Esq. Counsel to the Plaintiff/ Applicant all filed at the Federal High Court Registry Ikoyi Lagos on the 1st day of July 2022.

What the court held:

After hearing Osuntuyi Esq., Counsel to the Plaintiff/Applicant move in terms of the motion paper. And having carefully considered the application and submission of Learned Counsel, the presiding judge, P. O. LIFU UP found that;

1. That the Defendants/Respondents are hereby restrained whether by themselves, their assigns, agents, privies and servants, or anyone acting on their behalf from further distributing, offering for sale, and performing any of the said musical works titled ‘IDG’ and ‘Love Me or Give Me Red Wine’ in whatever manner pending the determination of the Applicant’s Motion on Notice already filed which shall be served on the Respondents within seven (7) days from today.
2. That leave is hereby granted to the Plaintiff/Applicant to publish a copy of the enrolled order herein made in at least one (1) national Newspaper circulating in Nigeria.
3. That due to the impending Court annual leave, the return date for the hearing of the Motion on Notice is herein fixed against the 26th day of September, 2022.

The document was “Issued at Lagos, under the Seal of the Court and by the hand of the Presiding Judge, this 20th day of July, 2022.”

We would be bringing more details about this case involving Tempoe, Asa and the other parties involved as it unfolds in the future.

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