commenced at the Commercial Division of the High Court, Accra, on 10th November 2005, claimed that, following a meeting of the Directors of the Ghana Education Service (“GES”) on the literature component of the Basic School English Language examination, it was decided that Junior Secondary School I pupils should be examined for prose in, inter alia, the respondent’s novel. A recommendation was therefore made that 450,000 copies of the respondent’s novel at a unit cost of 20,000 cedis be ordered. The respondent’s grievance was that the appellant had published a work entitled “Gateway to English for Junior Secondary Schools Pupil’s Book 3”, (hereinafter referred to as “Gateway”) which included, as Appendix 6, a summary of the respondent’s novel. The respondent averred that by including his work as Appendix 6 in its publication, the appellant had in effect rendered the recommendation by the GES to purchase 450,000 copies of his novel nugatory and therefore caused him great loss and damage. Originally the respondent had brought action against the six authors of “Gateway”, in addition to the appellant publisher and its local representative in Ghana. He discontinued the action against the authors, by a notice of withdrawal of suit filed on 16th February 2006, whilst the learned trial judge, subject to certain orders she made, dismissed the action against the local representative in her judgment after trial. The parties to the appeal before us are therefore the respondent author of “Woes” and the appellant publisher of “Gateway”. The remedies claimed by the respondent in his amended Statement of Claim filed on 25th November, 2008 were: a) “An injunction to restrain the Defendants from doing as regards the 1st, 2nd, 3rd, 4th, 5th, 6th Defendants by themselves or by their servants or agents or any of them or otherwise howsoever and as regards the 7th and 8th Defendants, whether by their directors, officers, servants or agents or any of them or otherwise howsoever, the following acts or any of them, that is to say: copying without the licence of the Plaintiff the work entitled “Gateway to 3

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