JUDGMENT OF THE COURT
1. This appeal arises from a judgment of the High Court (Ogola, J.) delivered on 26th April 2016 dismissing the appellant?s suit for infringement of copyright.
2. In the course of the evening of 29th August 2009, James Mwaura Wamuhiu, the chief cartographer at Nairobi Map Services Limited, the appellant, was watching television when „a commercial?, an advertisement, promoting the 1st respondent, was aired on the NTV channel. The advertisement showed the1st respondent?s countrywide coverage of its mobile network. Wamuhiu noticed that the advertisement contained the “Kenya Administrative Map”, a copyright publication of the appellant “hanging on the wall of a room and then the map appeared in large size on the screen .” He observed that the map was used in the advertisement “as a prop to show the towns and areas of Kenya that they [the 1st respondent] are present by using pins” and that, “the map was filmed very closely such that the symbols and the colour…