A Commercial Court has dismissed an application to stop Kwabena Kwabena’s love concert scheduled to come off Friday night at the National Theatre.
The court, presided over by Her Lordship Akua Sarpomaa Amoah on Friday ruled that having carefully examined the submissions and the evidence presented, the case of the applicant is “not frivolous”.
According to the judge, “there are serious questions of law and facts to be tried,” Joy News’ MzGee reported from court.
In her ruling, the judge also said the applicant (ABBA Investment) accuses the respondent (Kwabena Kwabena and KBKB Music Limited) of using for their sole benefit the applicant’s concept and privileged information they have obtained from the applicant as a result of their past dealings in breach of their MOU.
She noted that “it is the fear of the applicant that unless retrained, the respondent will continue to exploit this privilege information to their advantage, to the applicant’s detriment.”
The respondent also laments the injury the grant of the present application will cause not only to the reputation of the second defendant and the concert and business of the first defendant will be so grave.
The judge noted that curiously the applicant chose to come to court just three days to the event and the application for the injunction was to be heard six days after the concert.
She added that the applicant seeks to use the court process to abort the event even before the application is heard and determined by the court “but this court will not allow its machinery to be used to settle personal scores. I am inclined to think this application is in bad faith.”
Her Lordship Amoah stressed that a diligent applicant with a noble piece of mind should have brought the matter to court in due time to enable the court to consider all the issues and arrive at a fair ruling.
The judge took into consideration several points including tickets that have been sold and the inconvenience and embracement from granting the injunction “the applicant has not succeeded in demonstrating that it stands to suffer greater hardship,” if the injunction is not granted.
“For the forgoing reasons, the application has been dismissed,” the judge ruled.
ABBA Investment sought an interlocutory injunction on Tuesday to prevent the artiste from going ahead with the show this year after it had worked with Kwabena Kwabena to stage two editions of the concert – F14 Concert. The writ was filed on February 7, 2017 and Kwabena Kwabena.
The Statement of Claim, sighted by Myjoyonline.com, read, “An order of perpetual injunction restraining Defendants, either by themselves, their agents, workmen, assigns or otherwise however described from organizing and holding a love concert using the concept of the Plaintiff and advertising the concert as if were another edition of F14 Concert.”
The plaintiff is further demanding a “Recovery of sum of THIRTEEN THOUSAND GHANA CEDIS (GHS 13,000) being the proceeds of tickets given to the Defendant to sell.”
The Plaintiffs are also seeking the “Recovery of the sum of ONE HUNDRED AND EIGHTY THOUSAND CEDIS (GHS 180,000.00) being the sponsorship amount given to the Defendant by VITAMILK for the 2016 F14 concert.”