MEDIA GENERAL GH. LTD vs GHANA BROADCASTING CORPORATION
2016
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP GEORGE K. KOOMSON ‘J’.
Areas of Law
- Contract Law
- Evidence Law
- Commercial Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The court determined that a sub-license agreement existed between the parties allowing the defendant to broadcast UEFA Champions League and UEFA Europa League matches. The plaintiff sought to recover unpaid fees and interests following an ineffective termination of the agreement by the defendant in February 2013. The court held that the defendant did not effectively terminate the agreement, and the subsequent Stratcom deal did not alter the original obligations. Consequently, the court awarded the plaintiff the claimed sums of USD 701,983.95, USD 200,000.00, and interests at the prevailing bank rates, along with legal costs.
The parties herein entered into an agreement on the 22nd August, 2012 whereby the plaintiff sub-licensed its right to air broadcast the UEFA champions league (UCL) and EUROPA League (UEL) for the period 2012/2013 to 2014/2015. The terms of the said agreement are contained in the Licence Agreement which had been tendered as exhibit ‘B. The defendant started broadcasting the matches as agreed on. In the course of time, the defendant started encountering losses and purportedly abrogated the agreement. The relationship between the parties became frosted thereby causing the plaintiff to demand payment of certain sums of money under the agreement. The inability of the defendant to settle the money which the plaintiff demanded caused the plaintiff to bring the present action asking for the following reliefs: -
1. An order directed at the defendant to pay to the plaintiff the sum of USD 701, 983. 95 being balance outstanding on the annual fees for the rights to broadcast and broadcasting the UEFA champions league and UEFA EUROPA League for the period 2012/2013 and 2013/2014.
2. Interest on the sum of USD 701, 983. 95 at the prevailing bank rate from 1st June, 2014 till date of final payment.
3. An order directed at the defendant to pay to the plaintiff the sum of USD 200, 000. 00 being the first instalment payment due on the annual fees for the 2014/2015 season.
4. Interest on the sum of USD 200, 000. 00 at the prevailing bank rate from the 1st of September, 2014 till date of final payment.
5. Legal fees per the approved Ghana Bar Association scale of fees.
The case of the plaintiff is that it entered into negotiations with the defendant which said negotiation culminated in the signing of a licence Agreement on the 22nd August, 2012 whereby the defendant was granted a sub-licence to broadcast the UEFA champions league and UEFA EUROPA League for the period 2012/2013, 2013/2014 and 2014/2015 at an annual licence fee of USD 600, 000. 00. The plaintiff contended that the annual fee for the 2012/2013 was to be paid by the defendant in the following manner: - USD 200, 000. 00 upon the execution of the agreement, USD 200, 000. 00 on or before 31st December, 2012, USD 200, 000. 00 on or before 31st March, 2013.
It is the further contention of the plaintiff that the total annual fee for the period 2012/2013 and 2013/2014 was USD 1, 200, 000. 00 which ought to have been paid by the defendant by the 31st March, 2014. As at this date, the plaintiff contended that