“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