Grounds of appeal
The appellant filed originally five grounds of appeal against the judgment of
the Court of Appeal. These were:
i.
“The holding that the summary of “Woes of an African Mother” in
“Gateway to English for Junior Secondary Schools” was not a permitted
use of the respondent’s work is unsupportable in law.
ii.
Their Lordships erred in omitting to make a determination on the
appellant’s additional grounds 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10.
iii.
The holding that the issue whether the appellant infringed the
respondent’s copyright is a question of fact is unsupportable in law.
iv.
Their Lordships’ affirmation of the High Court judge’s award of general
and exemplary damages in favour of the respondent is unsupportable
in law.
v.
Their Lordships erred in not correcting the inconsistencies in the
award and calculation of damages.”
The appellant was granted leave to file the following additional grounds of
appeal:
“Ground ii
Their Lordships wrongfully omitted to make a determination on the
appellant’s additional grounds 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10.
Additional Ground B
The Court of Appeal failed to address the import of the provision in section 2
of Act 690 that the respondent did not have copyright in the plot of Woes of
the African Mother or a summary of it, as in Gateway to English for Junior
Secondary Schools.
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