MULTICHOICE GHANA LTD vs. KOJACH LIMITED

F.G. KORBIEH, J.A. The plaintiff/respondent (hereinafter referred to only as the respondent) sued the defendant/appellant (hereinafter referred to only as the appellant) in the Commercial Division of the High Court, Kumasi for several reliefs amongst which was an order for injunction to restrain the appellant, its agents, assigns, privies, representative and those acting on its direction or behest from, in any manner, continuing to broadcast and advertise “ProCold” not manufactured or distributed by the respondent and to desist from bringing “ProCold” not manufactured by the respondent unto the Ghanaian market and to ensure the swift removal and recovery of the product already unleashed unto the market. The case of the respondent, as disclosed in its statement of claim, may be summarized as follows: the respondent is a pharmaceutical company which is the sole distributor in Ghana of a medication used for the potent cure of colds and sinuses registered as “ProCold”. A Niger...