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NANA NYAMEKEH BOADI II & ANOTHER v. MARK JACKSON & ANOTHER

2013

COURT OF APPEAL

GHANA

CORAM

  • C. J. HONYENUGA, J.A. (PRESIDING)
  • D. D. ADJEI, J.A.
  • B. F. ACKA-YENSU (MS), J.A.

Areas of Law

  • Civil Procedure
  • Intellectual Property Law

AI Generated Summary

The High Court dismissed an application by the 1st defendant/appellant to strike out a claim brought by the plaintiffs/respondents, seeking an injunction against the appellant's use of a particular stool name. The High Court ruled that there was a reasonable cause of action, leading to the appellant filing an appeal. In the appeal, the court reviewed whether the respondents had proprietary rights to the name and whether customary law could protect the exclusive use of the name. The appeal court dismissed the appeal, upholding the High Court's ruling. Several previous cases and statutes were reviewed to establish that proprietary rights to a name can only be protected through statutory registration.

JUDGMENT