Kojach Ltd Vrs Multichoice Ghana Ltd [2014] GHASC 149 (19 March 2014)

The Court of Appeal was correct to interfere with the trial court’s exercise of discretion because the trial judge misapprehended the facts and failed to adequately consider the defendant’s affidavit evidence disclaiming involvement, thus the appeal to restore the injunction lacked merit.

Citation: [2014] GHASC 149
Parties: Plaintiff/respondent/appellant: Kojach Limited; Defendant/appellant/respondent: Multichoice Ghana Ltd
Court: Supreme Court
Jurisdiction: Ghana
Judgment Date: 19 March 2014
Procedural Posture: Civil Appeal / Final Appellate Judgment
Outcome: appeal dismissed
Legal Topics: Interlocutory Injunction, Judicial Discretion, Affidavit Evidence, Party Locus Standi
Source Language: English

Civil Procedure Intellectual Property Commercial Law Interlocutory Injunction Judicial Discretion Affidavit Evidence Party Locus Standi

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Parties

Kojach Limited

Plaintiff/respondent/appellant

Multichoice Ghana Ltd

Defendant/appellant/respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

1 Whether the Court of Appeal erred in interfering with the trial court’s discretion to grant an interlocutory injunction
2 Whether the trial court properly considered the defendant’s affidavit evidence disclaiming involvement in the alleged infringement
3 Whether the trial court erred in determining the proper party to the suit at the interlocutory stage

Ratio Decidendi

Court Disposition

appeal dismissed