Commercial Court Division under the Act deals with any work or performance contrary to its permitted free use. DW1, confirmed that the Defendant had used five (5) songs that were attributed to the Plaintiff. She further stated that as at 13 th October 2010, the number of downloads of the Plaintiff’s music from the Defendant’s site was: 24 times - Mwekute 848 times - Wekume 211 times - Jukira 112 times - Feel me 145 times - Kalina There was no evidence to show that the Defendant had acquired any permission from the Plaintiff to use its artistic works. That no permission was given is seen further by the letter dated 2nd September 2010 – Annexture ‘C’ to the Plaint, wherein the Plaintiff wrote to the Defendant about their infringement on the Plaintiff’s copyright. The third party was unable to prove that they had acquired consent from the Plaintiff either. In Paragraph 4(c) of their Written Statement of Defence, they averred that discussions took place between them and the Plaintiff in regard to use of artistic works attributed to the Plaintiff. There is nothing to show that these discussions materialized into any form of consent. HCT - 00 - CC - CS - 373- 2010 /4