A 26-year-old Chimpanzee remains in a cage in New York today after a US court ruled his owner doesn't have to free him.

Lawyers had tried to argue that Tommy's 'human rights' were being violated, however the appeals court decided that he didn't have any.

The three judges said there was no precedent for treating animals as people.

They also claimed chimps do not have the legal duties or responsibilities to society that give rights to humans.

In the ruling, the judges wrote: "So far as legal theory is concerned, a person is any being whom the law regards as capable of rights and duties.

"Needless to say, unlike human beings, chimpanzees cannot bear any legal duties, submit to societal responsibilities or be held legally accountable for their actions.''

According to BBC, the rights group said it would appeal.

Tommy is a former entertainment chimp who was gifted to his owner.