[2019]DLCA6909 • July 11, 2019 • Court of Appeal
CHARLES UCHE AYIKA AND CHINEDU SAMUEL UGOCHUKWU vs. MR. KWESI TWUM AND MULTIMEDIA GROUP LTD.
The appellants, owners of the copyright in the cinematograph film 'Arrows of Love' Parts 1 & 2, had licensed marketing rights to a Nigerian company. The respondents broadcast the film without license, infringing the appellants' copyright and causing alleged financial loss. The respondents claimed they obtained the film from a third party who purportedly held all rights and withdrew the film upon notice of infringement.
read moreTANKO AMADU J.A (1) This appeal is from the judgment of the High Court (Commercial Division) Accra, dated 11th April 2017. In the High Court, the Plaintiffs/Appellants hereinafter referred to as the ‘Appellants’ claimed against the Defendants/Respondents (hereinafter referred to as the ‘Respondents’ the following reliefs:- “(a) An injunction to restrain the Defendants whether by themselves or by their servants or agents howsoever from broadcasting or authorizing the broadcasting of the Plaintiffs’ said film “Arrows of Love” parts 1 & 2 or any substantial part thereof without the license of the Plaintiffs. (2) Special Damages as follows:- (i) Two Hundred Million Naira (N200,000,000.00) or its Cedi equivalent being the value of the contract lost by Plaintiff on account of the Defendants’ infringement of Plaintiffs’ copy right in the film. (ii)Interest on the above amount from 12th October 2009 until final payment. (iii)Fifteen Million Naira (N15,000,00...