CHARLES UCHE AYIKA and ANOTHER v. MR. KWESI TWUM and ANOTHER
2019
COURT OF APPEAL
GHANA
CORAM
- P. K. GYAESAYOR J.A (PRESIDING)
- I.O.TANKO AMADU JA
- AMMA A. GAISIE JA
Areas of Law
- Intellectual Property Law
- Civil Procedure
2019
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case involves an appeal from a High Court ruling where the Appellants, owners of the copyright in the film 'Arrows of Love', pursued claims against the Respondents for unauthorized broadcast of their film, seeking extensive damages. The High Court found in favor of the Appellants but declined some claims and awarded lower general damages. The Appellants appealed, arguing the refusal to grant an injunction, inadequate damages, and rejection of special damages. The Appeals Court reversed the refusal to grant an injunction, dismissed the special damages claim, and enhanced the general damages from Ghc100,000.00 to Ghc250,000.00. The court emphasized principles around specific pleading of special damages, importance of injunctions in intellectual property cases, and general damages by inference of law.
TANKO AMADU J.A
(1) This appeal is from the judgment of the High Court (Commercial Division) Accra, dated 11th April 2017.
In the High Court, the Plaintiffs/Appellants hereinafter referred to as the ‘Appellants’ claimed against the Defendants/Respondents (hereinafter referred to as the ‘Respondents’ the following reliefs:-
“(a) An injunction to restrain the Defendants whether by themselves or by their servants or agents howsoever from broadcasting or authorizing the broadcasting of the Plaintiffs’ said film “Arrows of Love” parts 1 & 2 or any substantial part thereof without the license of the Plaintiffs.
(2) Special Damages as follows:-
(i) Two Hundred Million Naira (N200,000,000.00) or its Cedi equivalent being the value of the contract lost by Plaintiff on account of the Defendants’ infringement of Plaintiffs’ copy right in the film.
(ii) Interest on the above amount from 12th October 2009 until final payment.
(iii) Fifteen Million Naira (N15,000,000.00) or its Cedi equivalent being the cost of producing the film.
(iv) Ghc9,000.00 (Nine Thousand Ghana Cedi) being cost of transport and hotel lodging so far on various trips to and from Ghana by the Plaintiffs in pursuit of this matter and the criminal prosecution arising out of the Defendants’ infringement of the Plaintiffs’ copyright.
(e) General damages for the infringement of the Plaintiffs’ copy right by the unauthorized transmission and use of the Plaintiff’s said film.
(d) Damages for loss of use of the film.
(e) Additional damages for the flagrant nature of the infringements.
(f) Legal and other costs.
(g) Any further or other relief as the court find appropriate.
In the amended statement of claim, the Appellants set out the factual basis of their claim against the Respondents which is summarized as follows:-
(3) That Appellants are the owners of the copyright in the cinematograph film entitled “Arrows of Love” Parts 1 & 2. They had granted the right to market the film to a Nigerian Company called Chiddo Productions Ltd. on a contract valued at N200,000,000.00 whereby Rich Investment Company Ltd. had the exclusive license to market and distribute the English version of the film.
That, before four million copies of the film could be supplied, the Respondents had without license from the Appellants commenced transmission of the said film worldwide on their digital television system.
The Appellants assert that the conduct of the Respondents was an infringement of their copyright which