While the court found that Simbisa had indeed played music owned by Zimura’s members, it ruled that the food outlet giant was not liable for the claimed US$86,719 in royalties. “The first defendant is hereby absolved from the plaintiff’s claim,” said High Court Judge Justice Mafusire in his ruling. Simbisa also challenged both the quantum of the plaintiff’s claim and the basis of the computation Furthermore, the court dismissed Zimura’s method of calculating damages, which was based on what its own licence would have cost.
The plaintiff (ZIimura) has done nothing to assess the level of damages suffered by it on behalf of its musicians. “All it has done in this suit is to purport to issue out the licence that it would have issued had the first defendant continued to do business with it. “It then claims amounts on the basis of the rates of royalties that would have been payable for the defendant’s outlets, taking into account, among other things, the nature of the outlets and the seating capacities.
