“It is our humble submissions that a close review of the grounds of appeal filed by the Appellant questions essentially the findings of facts by the learned trail (sic) judge. Some of the grounds of appeal are couched in words to clothe them with questions of law when inherently these grounds are based on a challenge of the courts (sic) findings of facts. The Court of Appeal agreed that the trail (sic) judge had made the appropriate findings of fact supported by the evidence and the court was in position to overturn that decision on appeal (sic).” What the respondent is referring to is the following passage from the judgment of Her Ladyship Henrietta Abban JA, in delivering the judgment of the Court of Appeal: “The Appellant/Respondent herein is seeking to challenge the finding of fact against him that Section A of the use of the “Woes of the African Mother” book is an infringement of copyright as envisaged by Act 690 of 2005. We agree with the learned trial judge that this is a finding of fact. In assessing the evidence presented (both oral and documentary), she came to the conclusion that “Section A of Appendix 6 does not show any attempt to separate and examine the various constituent issues dealt with in Exhibit C in any manner nor does it attempt to explain or provide elucidation on any ideas or form of expression of the author in the book”. She went on further to expostulate thus, “I have read through the material under examination set out in subsections 1, 2, and 3 of Section A of Appendix 6 and see no attempt to analyze the novel or interpret the Plaintiff’s novel through the use of details substantially different from the Plaintiff’s novel.” 18

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