The legal tussle between King Sunny Ade and Record Manufacturing Company of Nigeria, 'African Songs', and its subsidiary, 'Take Your Choice Stores', which started 40 years ago finally came to an end, as a Lagos Federal High Court, ordered the two companies to pay the musician the sum of N500 million, as damages, for infringing on his musical works, and additional cost of N3 million for prosecuting the suit.
The juju maestro had a contract dispute with the two companies in 1975, culminating into a judgement delivered by Justice Dosunmu of an High Court of Lagos, who ordered the companies to return the master tapes of the original musical works produced under the label of the two companies by Sunny Ade and his Green Spot Band to him.
But before the master tape could be returned the chairman chief Executive Officer of the two companies Chief Bolarinwa Abioro died. Consequently, in a bid to retrieve the master Tapes Sunny Ade in 1997, again instituted a suit against the two companies before a Lagos Federal High Court.
Joined as co-defendants were Lati Alagbada, Record Manufacturing Company of Nigeria Limited, Ibukunola Printers, Alhaja Awawu Ade Amodu, and M.O. Alagbada, whom the musician alleged to have been using the master tapes to produce inferior qualities of his musical works, and sell same to members of the public, thereby depriving him of his means of livelihood.
Sunny Ade contended that he was the author, composer, and producer of all the musical works numbering about 22
Sunny Ade in a statement of claim was filed before the court by his lawyer, Chief Felix Fagbohungbe, SAN demanded for damages in the sum of N1 Billion jointly and severally.
The musician also sought in an order of the court ordering the two companies to return to him his master tapes as well as restraining the defendants from infringing on his musical works.
In a defence and counter claim filed by the two companies, they claimed that since Sunny Ade had been paid royalties by the companies, he could not lay claim to the tapes again.
They also claimed that the contract signed by the musician with the two companies did not include returning of the master tapes to him.
They therefore urged the court to award N5 million against Sunny Ade .
However, the presiding judge, Justice James Tsoho while delivering judgment in the suit, dismissed the respondents' counter claim for lack of merit, while ordered that the sum of N500 million be to pay Sunny Ade and his musical band.
Justice Tsoho also ordered that the master tapes be returned to Sunny Ade, since it has been proved beyond reasonable doubt that he is the owner of the copyright.
The claim against other defendants were struck out on the ground that no enough evidence were adduced against them.
Based on the application made by Sunny Ade's lawyer, Yomi Adeniran from the law firm of Felix Fagbohungbe, SAN, asking for a sum of N5 million as cost of prosecuting this case as Sunny Ade had always come to court whenever the case came u p, Justice Tsoho awarded N3 million cost against the two companies.
The juju maestro had a contract dispute with the two companies in 1975, culminating into a judgement delivered by Justice Dosunmu of an High Court of Lagos, who ordered the companies to return the master tapes of the original musical works produced under the label of the two companies by Sunny Ade and his Green Spot Band to him.
But before the master tape could be returned the chairman chief Executive Officer of the two companies Chief Bolarinwa Abioro died. Consequently, in a bid to retrieve the master Tapes Sunny Ade in 1997, again instituted a suit against the two companies before a Lagos Federal High Court.
Joined as co-defendants were Lati Alagbada, Record Manufacturing Company of Nigeria Limited, Ibukunola Printers, Alhaja Awawu Ade Amodu, and M.O. Alagbada, whom the musician alleged to have been using the master tapes to produce inferior qualities of his musical works, and sell same to members of the public, thereby depriving him of his means of livelihood.
Sunny Ade contended that he was the author, composer, and producer of all the musical works numbering about 22
Sunny Ade in a statement of claim was filed before the court by his lawyer, Chief Felix Fagbohungbe, SAN demanded for damages in the sum of N1 Billion jointly and severally.
The musician also sought in an order of the court ordering the two companies to return to him his master tapes as well as restraining the defendants from infringing on his musical works.
In a defence and counter claim filed by the two companies, they claimed that since Sunny Ade had been paid royalties by the companies, he could not lay claim to the tapes again.
They also claimed that the contract signed by the musician with the two companies did not include returning of the master tapes to him.
They therefore urged the court to award N5 million against Sunny Ade .
However, the presiding judge, Justice James Tsoho while delivering judgment in the suit, dismissed the respondents' counter claim for lack of merit, while ordered that the sum of N500 million be to pay Sunny Ade and his musical band.
Justice Tsoho also ordered that the master tapes be returned to Sunny Ade, since it has been proved beyond reasonable doubt that he is the owner of the copyright.
The claim against other defendants were struck out on the ground that no enough evidence were adduced against them.
Based on the application made by Sunny Ade's lawyer, Yomi Adeniran from the law firm of Felix Fagbohungbe, SAN, asking for a sum of N5 million as cost of prosecuting this case as Sunny Ade had always come to court whenever the case came u p, Justice Tsoho awarded N3 million cost against the two companies.
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