MUSICIANS UNION OF GHANA vs. ABRAHAM AND ANOTHER [1980]DLHC2158

Date	1980-06-20
Suit No.
Citation No.	[1980]DLHC2158

CECILIA KORANTENG-ADDOW J.

W. AMARFIO FOR THE PLAINTIFFS.

SEY FOR THE FIRST DEFENDANT.

AMARTEIFIO FOR THE SECOND DEFENDANTS.

[1980]DLHC2158
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													<main id="main" class="content" style="min-height: 60rem" >MUSICIANS UNION OF GHANA <o:p></o:p>vs. <o:p></o:p>ABRAHAM AND ANOTHER <o:p></o:p>[HIGH COURT, ACCRA]<o:p></o:p>[1982-83] GLR 337<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
20 JUNE 1980<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

W. AMARFIO FOR THE PLAINTIFFS. <o:p></o:p>

SEY FOR THE FIRST DEFENDANT. <o:p></o:p>

AMARTEIFIO FOR THE SECOND DEFENDANTS.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

CECILIA KORANTENG-ADDOW J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF CECILIA
KORANTENG-ADDOW J.<o:p></o:p>In this
application the plaintiffs are asking for an order of an interim injunction to
restrain the second defendants from “(1) making any further releases of the
plaintiffs’ records, and (2) from making any further royalty payments to the
first defendant on behalf of the plaintiffs . . .” and (3) an order that any
royalties held by the first defendant from the second defendants be deposited
at the court pending the determination of this suit. Finally, they ask for an order
for interim preservation of a set of musical instruments listed in the schedule
attached to the application.<o:p></o:p><o:p>&nbsp;</o:p>The writ
of summons upon which this motion was brought, is indorsed with a claim for (1)
¢1,000,000 being composers’ and recording artistes’ royalties due from the
defendants, in respect of the long playing albums, namely (a) “Adam and Eve”
(b) “Kusum Beat” (c) “Spiritual Ghana” (d) “Meseafo nto nsa” (e) “Party time in
Hollywood” and (f) “Sweet Talks”; (2) recovery of possession of the musical
instruments; (3) damages for wrongful dismissal; (4) statement of account of
all local and foreign sales of the albums named above; and (5) a perpetual
injunction to restrain the second defendants from making any further payments
to the plaintiffs through the first defendant.<o:p></o:p><o:p>&nbsp;</o:p>In the
affidavit in support of the motion, fifteen paragraphs of the entire sixteen
paragraphed deposition were devoted to explaining the circumstances whereby the
musical instruments were purchased. There is not one word about how the
plaintiffs became entitled to the royalties they claim, nor the basis for
stopping the release of the records listed at paragraph sixteen of the
affidavit. Counsel for the plaintiffs in his argument relied extensively on an
agreement concluded between the first and second defendants whereby the first
defendant granted sole and exclusive right to the second defendants to publish
the work of the band, “Sweet Talks” for which the plaintiffs played.<o:p></o:p><o:p>&nbsp;</o:p>The facts
of the case as gathered from the pleadings and affidavits filed by the parties
are these: The plaintiffs are attorneys for A. B. Crentsil and eleven others
who are bandsmen. The first defendant is the managing director of an
establishment called Talk of the Town Ltd.; this company is the proprietor of the
Sweet Talks Band of which the first defendant is the manager. The plaintiffs
were engaged to play in this band. It is difficult to discern from the
affidavit and pleadings who was the employer of the plaintiffs.<o:p></o:p><o:p>&nbsp;</o:p>Was it
the Talk of the Town Ltd. or the first defendant? It is evident that both
establishments, that is, the Talk of the Town Ltd. and the Sweet Talks Band all
revolve around this man, Jonathan Abraham. The date on which the plaintiffs
were employed to play for the Sweet Talks is also not discernible from the
affidavit and pleadings, but while they were thus employed, the first defendant
as proprietor of the Talk of the Town Ltd. entered into a contract with the
second defendants a recording company, and granted the company the sole and
exclusive right to make recordings of the performance of the Sweet Talks Band
otherwise described as “artists” in the agreement.<o:p></o:p><o:p>&nbsp;</o:p>Under the
agreement the first defendant undertook to have each member of the band sign a
recording agreement to bind each member separately and collectively to all the
obligations of the agreement. But this undertaking was never fulfilled. In
consideration for being granted the exclusive recording rights, the company
undertook to pay the first defendant royalties at the rate of fourteen per cent
of the net retail </main>