Metro TV sues TV Africa for $320,000 damages

METROPOLITAN Entertainment Television (Metro TV) has filed a suit at the Fast Track High Court, seeking an order of perpetual injunction to restrain TV Africa from going ahead to re-allocate the rebroadcast of the African Cup of Nations (CAN 2002) and World Cup (Korea/Japan 2002) to Ghana Television (GTV).

Metro TV is praying the court for an order for the defendant to pay special and general damages amounting to $320,000 or its equivalent in cedis, being monies spent by the plaintiff in expanding its facilities to three regions in anticipation of its obligation under a “Sport Affiliate Agreement” signed in August, 1999.

In addition, the plaintiff is seeking an order that TV Africa should pay $70,000, being losses that will be incurred as a result of a fall in ratings due to most viewers switching their television sets to GTV during the two tournaments.

Joined in the action are Global Media Alliance, local representatives of TV Africa and Ghana Broadcasting Corporation (GBC).

The plaintiff is also seeking a declaration that the affiliate agreement between it and the TV Africa is still valid and in force and its termination was wrongful in law.

It is seeking a further declaration that by the execution of the agreement, the first defendant represented to the whole world that the plaintiff shall rebroadcast programmes covering CAN 2002 and World Cup 2002.

The plaintiff is further praying the court to order that it should be allowed to rebroadcast the two tournaments in accordance with the agreement between it and TV Africa.

In its statement of claim, the plaintiff said it signed an affiliate agreement with TV Africa sometime in 1998, which permitted it to receive and broadcast the defendant’s programmes on terms and conditions contained in the agreement.

The statement said further to the signing of the affiliate agreement, TV Africa signed another agreement called “Sports Affiliation Agreement” with the plaintiff dated August 4, 1999, in which the defendant granted Metro TV the exclusive rights to broadcast all live sports programmes via its downlink facilities provided the plaintiff acquired nation-wide coverage.

It said based on these agreements, the plaintiff embarked on a nation-wide programme, expanding its services to the Ashanti, Western, Eastern and Central regions at great cost quite apart from its operations in the Greater Accra Region.

According to the statement, implicit in these agreements was the tacit understanding that the plaintiff will have the exclusive rights to broadcast the two tournaments in Ghana.

It said in view of this anticipation, the plaintiff has taken steps to procure television transmission equipment for a nation-wide expansion to be able to take advantage of the two tournaments.

It said while plaintiff was frantically preparing to rebroadcast the live sports tournaments, TV Africa on October 19, 2001 wrote a letter terminating the affiliate agreement by December 31, 2001.