Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



OPANIN KWAME AFREH
V.
COPYRIGHT SOCIETY OF GHANA

(1999) JELR 69527 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO.: 24/99. ·  23 Dec 1999 ·  Ghana
 · 
Other Citations
[1999-2000] 1 GLR 135
CORAM
ESSILFIE-BONDZIE JA. (PRESIDING), TWUMASI JA., ARYEETEY JA.

Ratio Decidendi

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TWUMASI, JA.

This is an appeal lodged by the Copyright Society of Ghana (COSGA) (hereinafter called the appellant) against the ruling of the High Court, Kumasi delivered on October 3 1997 by which the court made an emphatic pronouncement that the appellant had no legal right whatsoever to enforce any payment of royalties or copyright fees against members of the National Drinking Bar Operators Association of Ghana in respect of their public use of any musical work in their drinking bars. The legal proceedings which culminated in the ruling being assailed were instituted by one Kwame Afreh who styled himself as the Chairman of the Drinking Bar Operators Association of Ghana.

Through the process of an originating summons issued out of the registry of the High Court, Kumasi on the 21 August 1996 the plaintiff/respondent (hereinafter called “the respondent”) formulated for the determination of the court the following questions:—

(1) Whether the playing of a recorded musical work obtained by p…

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