BRIGHT ONYINA
V.
MR. KWARTENG @ WAKEDI

(2018) JELR 69690 (HC)    
High Court  ·  SUIT NO.OCC/131/15 ·  13 Apr 2018 ·  Ghana
CORAM
ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Core Terms Beta
defendant
plaintiff
anthony owusu ansah
osuani katakyie afrifa
copyright office
musical works
oral agreement
burden of proof
deed of assignment
documentary evidence
statement of claim
order of the court
right owner
unlawful arrest
civil suits
credible evidence
exclusive rights
first transfer of ownership
high court
oral evidence
said anthony owusu ansah
work of the defendant
basic principle of the law of evidence
case of majolagbe v
case of the plaintiff
circuit court
commissioned sale person
concurrence of the defendant
conduct of the plaintiff
copyright of the defendant
court finds
defendant’s copyright
evidence act
evidence of facts
first production of psalm
honourable court
infringement of his copyright
leave of the court
malicious prosecution of the plaintiff
music composer
music producer
name anthony owusu ansah
number of the defendant
osuani afrifa
plaintiff’s case
required evidence of the facts
right owner of a deceased person
said track
second agreement
sum of one ghana cedis

JUDGEMENT

The Plaintiff herein who describes himself as a music producer commenced the instant action against the Defendant whom he describes as a businessman who sells and produces compact disc (CDs). The original writ of summons and statement of claim were issued on 24/02/2015. With leave of the court, the Plaintiff amended his writ of summons and statement of claim on 03/06/2016 wherein he claimed the reliefs as set out below:

i. An order of the court declaring the Plaintiff as the copy- right owner of “PSALM 23; “DOCTOR A DECLARE WO”; “MONTINTIM”; and “YEHOWA BEHWEWO”.

ii. An order directing the Defendant to render account on the sale of the Albums from 2012 to date.

iii. An order of the Court restraining the Defendant, his assigns, privies, agents, servants, workmen and all those claiming through him from interfering with the production, sale, ownership and dealing with CDs the Plaintiff has the copy right to.

iv. Damages for unlawful arrest and malicious prosecution of the Plaintiff.…

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