GHANA MUSIC RIGHTS ORGANISATION (CHAMRO) VS MILLICOM GHANA COMPANY LIMITED (TIGO GHANA)
2016
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP SAMUEL K. A. ASIEDU, J.
Areas of Law
- Civil Procedure
- Intellectual Property Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The defendant requested the plaintiff to provide further and better particulars of specific musical works mentioned in the plaintiff's statement of claim. This request was made under Order 11 rule 12(3) of the High Court (Civil Procedure) Rules, 2004, CI 47. The plaintiff refused the request, leading to the defendant's application before the court. The court dismissed the application, noting that the particulars sought were not necessary for the defendant to file a defense. Relevant legal principles cited included the requirement that a defendant must show they cannot file a defense without the particulars sought and that applications for particulars will be refused if the particulars are unnecessary for the defense.
The instant application seeks an order of the court directed at the plaintiff to file further and better particulars to its statement of claim.
The application, filed at the instance of the defendant, is brought under Order 11 rule 12(3) of the High Court (Civil Procedure) Rules, 2004, CI 47. The plaintiff/respondent is opposed to the application as shown by its affidavit in opposition.
The plaintiff caused a writ of summons to issue against the defendant on the 2nd day of November, 2016. In the accompanying statement of claim, the plaintiff pleaded at paragraphs 1, 2, 3, 4, 5, 10 and 11 as follows: 1. The Plaintiff is a registered company limited by guarantee under the laws of Ghana and further authorized by law to license, collect and distribute royalties for and on behalf of musicians/authors, composers, and producers/publishers of musical works.
2. The Defendant is a corporate body registered under the laws of Ghana and at all material times the operators of the Tigo mobile telecommunication services in Ghana.
3. The Plaintiff is the owner of copyright in musical works based on assignments of rights in music by musicians/authors, composers, and producers/publishers of musical works.
4. The Plaintiff says that its mandate to administer musical works includes the authority to license, administer, and collect copyright royalties for both local and foreign musical works in accordance with law and reciprocal arrangements.
5. The Plaintiff says that as owners of copyright in musical works, the law authorizes the Plaintiff to grant licenses and to collect royalties from the Defendant organization and other users of musical works through downloads and performances to the public.
10. The Plaintiff says that, owing to the telecommunication activities of the Defendant, there have been unbridled copying, sharing and communication of the Plaintiff’s musical works by the Defendant to the public without having acquired a user license as required by law.
11. The Plaintiff says that the Defendant further uses and/or performs the Plaintiff’s works to the public through its public performance programs; Ghana meets Naija programs, Tigo Unplug, and music awards programs, among others.
Upon service of the writ and the statement of claim on the defendant, it instructed its lawyers to write to the plaintiff to provide it with further and better particulars of certain allegations contained in the statement of claim.
The plaintiff refused the request and hence t