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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.

Judgement

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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