[2018]DLHC7281 • July 18, 2018 • High Court
D.N NETWORK LTD. (PLAINTIFF) vs. MILLICOM GHANA LTD. (DEFENDANT)
Plaintiff, D.N Network Ltd. (formerly Geniusnix Ghana Limited), alleged breach of a Mobile Value Added Service (MVAS) Agreement with Defendant, Millicom Ghana Ltd., claiming Defendant failed to give required notice, frustrated the agreement, and infringed Plaintiff's copyright over a software application registered as a literary work. Plaintiff claimed damages for breach and copyright infringement. Defendant denied the existence of such agreement and intellectual property rights, asserting the service was independently developed and operated under a different agreement and technology.
read moreBy its amended writ of summons, the Plaintiff made the following claim against the Defendant: 1. A declaration that by failing to give the Plaintiff five (5) months’ notice. Defendant has breached the terms of agreement dated 5th June 2009. 2. A declaration that Defendant in taking over the Plaintiff’s obligations under the agreement dated 5th June 2009 has breached the said agreement. 3. An order for the payment of loss of earnings as pleaded in paragraph 14 from 10th February 2010 to the date of final payment. 4. Interest on (3) at the prevailing bank rate from 10th February 2012 till date of final payment. 5. Damages for breach of contract. 6. Costs on a full indemnity basis. 7. A declaration that Defendant by its acts and/or conducts frustrated the agreement dated 5th June 2009. And in the alternative 8. A declaration that Defendant has infringed upon Plaintiff’s copyright. 9. A declaration that Plaintiff is entitled to accounts from Defendant in relation to all ...