[2020]DLHC10542 • July 6, 2020 • High Court
FRED KUSIM AWINDAOGO vs. MARTIN LUTHER KPEBU AND JOSEPHINE TEKPERTEY
The Plaintiff, a lawyer and academic, conceived the idea of writing a book titled 'Annotated Evidence Act of Ghana' and began work alone before collaborating with the 1st Defendant. They agreed on terms, including a signed Author Collaboration Agreement. Disputes arose when the 1st Defendant allegedly sought to publish the book as sole author, removing the Plaintiff's name and contributions, leading to claims of breach of contract and intellectual property rights violations.
read morei. Introduction: [1] Robert J. Sharpe, in his book Injunctions and Specific Performance, loose-leaf, (Toronto: Canada Law Book, 2013) at para 2.60 notes that the risk a Plaintiff who asks for an injunction faces is that “if an immediate remedy is not granted, his or her rights will be so impaired by the time of trial and judgment that it will be simply too late to afford an adequate remedy.” To my mind, the conceptual justification for ordering an injunction, an extraordinary relief lies in the risk that a Plaintiff faces, in the form of apprehended and irreparable harm, if the remedy is not granted. [2] Order 25 Rule 1 of the High Court Civil Procedure Rules, 2004 CI 47 stipulates that the Court may grant an injunction by an interlocutory order in all cases in which it appears to the court to be just or convenient to do so, and the order may be made either unconditionally or upon such terms and conditions as the court considers just. In deciding whether or not to grant an ord...