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C.F.A.O.
V.
ARCHIBOLD

(1964) JELR 66123 (SC)

Supreme Court 28 Feb 1964 Ghana
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- This case is an appeal against a judgment in a copyright infringement case. - The plaintiff claimed damages for infringement of copyright in twelve musical works. - The court found in favor of the plaintiff and awarded damages and a perpe

Case Details

Judges:SARKODEE-ADDO C.J ,ADUMUA-BOSSMAN JSC,BLAY J.S.C.
Counsel:J. B. QUASHIE-IDUN FOR THE APPELLANTS; NII ODOI-ANNAN FOR THE RESPONDENT.
Other Citations:[1964] GLR 718

ADUMUA-BOSSMAN J.S.C.: This appeal is against a final judgment dated 17 June 1963, and a consequential interlocutory judgment dated 26 June 1963 by the High Court, Accra, whereby the court upheld the plaintiff’s claim for damages and other reliefs for infringement by the defendant company (hereinafter called the company) of the said plaintiff’s copyright in certain musical works or songs, twelve in number, the names or titles of which were set out in the statement of claim. The court made a finding that the company produced 5,000 records each of the twelve songs, i.e. a total of 60,000 records, and sold the same at three shillings each amounting to £G91,000, and it awarded that sum (£G9,000) as special damages, in addition to a sum of £G1,000 for general damages. The court further granted an order of perpetual injunction as claimed.

The claim on the writ was in the following:

“(a) The plaintiff’s claim is for £G5,000 [later amended to £G12,000] damages for infringement of copyright in m…

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