KOJACH LIMITED vs. MULTICHOICE GHANA LTD

The plaintiff, Kojach Limited, a pharmaceutical company, alleged exclusive rights to manufacture and distribute 'Pro Cold' in Ghana, registered with the Food and Drugs Board. A Nigerian firm, Orange Drugs Limited, attempted to enter the Ghanaian market with its 'Pro Cold' product, resisted by the plaintiff. Subsequently, the Nigerian firm used the defendant's electronic broadcasting services to air advertisements for 'Pro Cold' during widely viewed English Premiership League games. The plaintiff claimed the product was not manufactured by them and that the defendant's broadcasting caused significant financial loss. The plaintiff sought declaratory reliefs and an interlocutory injunction to restrain the defendant from broadcasting the advertisement pending trial.

ANIN-YEBOAH JSC: The facts of this interlocutory appeal fall within a narrow compass and appear to be uncontroverted. The plaintiff/respondent/appellant herein (who shall be referred to in this appeal simply as the plaintiff) commenced an action at the High Court (Commercial Division), Kumasi against the defendant/appellant/respondent herein who (shall be referred to simply as the defendant). The plaintiff a pharmaceutical company incorporated under the laws of Ghana alleged that it had exclusive right to manufacture, distribute and deal in the product called “Pro Cold” for cure of cold and sinuses. The plaintiff alleges that it had registered the product at the Food and Drugs Board to entitle it as the exclusive manufacturer and distributor. According to the plaintiff, a Nigeria firm known as Orange Drugs Limited attempted to invade the Ghanaian market with its brand of “Pro Cold” which was successfully resisted by the plaintiff. The Nigeria firm thereafter resorted to us...