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Mhubiri Productions Ltd v. Safaricom Ltd & Liberty Africa Technologies Ltd

(2020) JELR 99133 (CA)

Court of Appeal  •  Civil Appeal 299 of 2016  •  4 Dec 2020  •  Kenya

Coram
Martha Karambu Koome, Milton Stephen Asike Makhandia, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

[1] Mhubiri Productions Ltd, (the appellant) filed suit before the High Court on 29th May, 2012 against Safaricom Ltd and Liberty Africa Technologies Ltd (the 1st and 2nd respondents respectively) in which it alleged infringement of its copyrights in regard to musical works titled “Hapa Nilipo”. In the said suit, the appellant sought several reliefs in the form of an injunction; an order declaring a mechanical deed of assignment with the 2nd respondent dated 21st April, 2012 null and void; an order of delivery of full and true account of proceeds from the downloads of the music by Upendo Nkone by the respondents; damages for violation of copyright; and exemplary damages with costs and interest.

[2] The suit was resisted by the 1st and 2nd respondents who filed their respective defences. The 1st respondent denied liability and in particular that there was any infringement as the author of the said musical works had denounced any assignment of her copyright to the ap…

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