English for Junior Secondary Schools Pupil’s Book 3” or any other
reproduction or substantial reproduction of Plaintiff’s work entitled “Woes of
an African Mother” or authorizing any of the acts aforesaid or otherwise
infringing the Plaintiff’s copyright of the said work.
b) An injunction to restrain the 7th and 8th Defendants, whether by their
directors, officers, servants or agents or any of them or otherwise howsoever,
from doing the following acts or any of them, that is to say: possessing in the
course of a business, selling by way of trade or exposing or offering for sale or
distributing them to the Ministry of Education and Sports in the course of
business without the licence of the Plaintiff any copies of the said work
“Gateway to English for Junior Secondary Schools Pupil’s Book 3” or any other
reproductions of Plaintiff’s said work.
c) An order for delivery up of all infringing copies of the Plaintiff’s work as are in
Defendants (sic) control, possession, power, custody, control or with the
Ministry of Education and Sports.
d) An inquiry as to damages for infringement of copyright or at Plaintiff’s option
an account for profits.
e) An order for payment of all sums due found due upon taking such inquiry or
account together with interests thereon from the date of infringement till
date of judgment.
f) An Order for Costs.”
On 27th July 2006, Mrs. Justice Gertrude Torkornoo gave judgment for the
respondent, finding that the appellant had infringed the copyright in the
respondent’s work in the use of it within “Gateway” and that the use to which the
respondent’s work was put did not constitute a permitted use, and the mode of
presentation did not constitute fair practice. Her Ladyship held that she could not
restrain the appellant from including the respondent’s work without his licence,
since that edition of “Gateway” was already in print and use. Also, she held that she
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