As playwright, Ceeju-Ola Karim (applicant) tussled with the proprietor of Kontiki Theatre, Mohamed Kargbo alias Tapo (defendant), over a play titled “Efwa”, Magistrate Albert Moody of Freetown Magistrate Court No.2 on Thursday threw the matter out of court.
The Magistrate stated that he was taking such decision on the grounds that the applicant failed to follow the procedure prescribed under section 78 of the Copyright Act of 2011 for such matters to be brought to court.
According to the particulars of offence, it was alleged that the defendant on Sunday 3rd April at the Starco cinema staged the performance of the play “Efwa” without the authority of the copyright owner (Ceeju-Ola Karim) to do so.
Prior to the magistrate’s ruling, the defence team had on the previous appearance, objected to the proceedings of the said matter. They had cited section 78 of the said Act, which states that where any dispute arises between any parties under the said Act, the parties should seek to negotiate a settlement of the dispute among them. They further added that there was no evidence before the court to show that the parties negotiated settlement at any stage.
Though the plaintiff counsel Julian Cole argued that there is no provision in the Act, which states that showing negotiation at the commencement of such case was a prerequisite, arguing further that such evidence can be adduced at any stage of the case, the magistrate discountenanced his argument.
In his ruling, the magistrate discharged the defendant and also ordered that a cost of one million Leones (Le. 1,000,000) be paid by the plaintiff to the defence.
Friday July 15, 2016
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