Smithlink Beecham & Anor V. Prex Limited (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SIDI DAUDA BAGE, J.C.A (Delivering the Leading Judgment)

This is an appeal against the judgment of Okeke J, sitting at the Federal High Court in Abuja, delivered on 27th September 2002.

The facts that led to this appeal are as follows:

The 1st Respondent as plaintiff filed this suit seeking in the main a perpetual injunction to restrain the defendants from producing, reproducing, adapting, broadcasting and or transmitting in any medium the ”GELETE” Television Game programmes, damages for the infringement of the copyright to the said ”GELETE” on the footing of the general damages in the sum of N25,000,000.00 (Twenty-five Million Naira) and in the alternative an account of the profit made by the defendants from the said infringement and payment of the amount found to be due on the taking of such account and costs of the action.

At the conclusion of evidence by all parties written addresses were ordered and adopted by the parties on the 30th of May 2001, judgment was later delivered on the 27th of September 2002 in favour of the 1st respondent in the sum of N1,000,000.00 (One Million Naira) only in full and final settlement of its interest in GELETE against the defendants. The 1st, 2nd defendants now appellants being dissatisfied with the judgment brought this appeal.

The appellants brief was dated and filed on the 25th of June 2009.

The respondent’s brief dated and filed the 25th of February 2011 was deemed properly filed on the 9th of December 2011.

Appellants’ counsel Obatosin Ogunkeye Esq identified three (3) issues for determination as follows:

(1) Whether a valid judgment was delivered by the learned trial judge?

(Ground 1 (one) of the Notice of Appeal)

(2) Whether the plaintiff/respondent is entitled to any compensation on account of any similarity between the television program called Okwe-Dike and the television program called ”GELETE” (Grounds 2, 3, and 4 of the Notice of Appeal)

(3) If the answer to issue 2 is in the affirmative, whether the quantum of the monetary award made by the learned trial judge is justified (Grounds 5 and 5 of the Notice of Appeal)

On the other hand, respondent’s counsel Wole Oluton Esq, distilled four (4) issues for determination as follows:

(1) Whether the 1st respondent discharged the onus of proving that copyright existed in the work.