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Mount Kenya Sundries Ltd v. Macmillan Kenya (Publishers) Ltd

(2016) JELR 98883 (CA)

Court of Appeal  •  Civil Appeal 318 of 2010  •  15 Jul 2016  •  Kenya

Coram
Wanjiru Karanja, Mohammed Abdullahi Warsame, Festus Azangalala

Judgement

JUDGMENT OF THE COURT

[1] This is an appeal from a judgment of Visram, J., (as he then was) dated 23rd October, 2008. The principal question to be decided in this appeal, in our view, is whether the respondent, Macmillan Kenya (Publishers) Ltd and the appellant, Mount Kenya Sundries Ltd, each have copyright to their respective maps and whether any of the parties had infringed the other’s copyright. Visram, J., decided that the respondent established that copyright subsisted in its maps and that the appellant had infringed that copyright. He therefore granted to the respondent an injunction to restrain the appellant from selling by way of trade or exposing or offering for sale the map christened Kenya Pictorial Tourist Route Map or any map based thereon; an order for delivery up of all such maps as were in the appellant’s possession or control; an inquiry as to damages or alternatively an account of profits and payment of all sums found due upon making such inquiry; interest and costs.

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