JUDGMENT
ABBAN (MRS), J.A.
This appeal emanates from a judgment of the High Court Commercial Division held in Accra on 28th July 2006.
The Defendant/Appellant/Respondent being dissatisfied with the said judgment has appealed against same to this court.
On the 17th July 2007, the Plaintiff/Respondent being dissatisfied with the award of damages awarded him on 30th April 2007 cross-appealed against the order for damages. In the main appeal, the Defendant/Appellant therein filed three grounds of appeal namely:
a That the learned trial judge erred in law in holding that the Appellant's work "Gateway to English for Junior Secondary Schools" (the ''work'') is a substantial copy of the plaintiffs novel, Woes of an African Child (the "novel").
b That the learned trial judge erred in law in holding that the Appellant's use of the Novel is not compatible with fair practice.
c That the learned trial judge erred in law in putting a stringent and narrow interpretation on section 19 of the Copyright Act, …