MORGAN ADZEI
V.
PEARSON EDUCATION LTD

(2009) JELR 69539 (CA)    
Court of Appeal  ·  H1/222/08 ·  30 Jul 2009 ·  Ghana
CORAM
ABBAN (MRS.) J.A. (PRESIDING), KORBIEH J.A., AYEBI J.A.
Core Terms Beta
plaintiff
learned trial judge
defendant
book
respondent
work
ministry of education
copyright act
open market
8th defendants
appeal
cross-appeal
finding of fact
junior secondary schools
licence of the plaintiff
following acts
grounds of appeal
main appeal
plaintiffs copyright
potential sales plaintiff
acts of the defendant
additional ground of appeal
award of damages
brief facts
compulsory text book
exhaustive examination of the case law
exhibit c
general damages of us
judgment of the high court commercial division
lower court
normal award of damages
owner of the copyright
plaintiffs copyright of the said work
present form
publisher of a work
said judgment
sound recording
subsequent editions
substantial copy of the plaintiffs novel
substantial part of the plaintiffs work
totality of the evidence
west african examination council
woes of an african child
work of fiction

JUDGMENT

ABBAN (MRS), J.A.

This appeal emanates from a judgment of the High Court Commercial Division held in Accra on 28th July 2006.

The Defendant/Appellant/Respondent being dissatisfied with the said judgment has appealed against same to this court.

On the 17th July 2007, the Plaintiff/Respondent being dissatisfied with the award of damages awarded him on 30th April 2007 cross-appealed against the order for damages. In the main appeal, the Defendant/Appellant therein filed three grounds of appeal namely:

a That the learned trial judge erred in law in holding that the Appellant's work "Gateway to English for Junior Secondary Schools" (the ''work'') is a substantial copy of the plaintiffs novel, Woes of an African Child (the "novel").

b That the learned trial judge erred in law in holding that the Appellant's use of the Novel is not compatible with fair practice.

c That the learned trial judge erred in law in putting a stringent and narrow interpretation on section 19 of the Copyright Act, …

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