Kanyeihamba estate ordered to pay researcher sh45m over copyright infringement
The court also ordered the estate to account for proceeds from the sale of a book that allegedly incorporated Kiwanda’s research and written contributions without acknowledging him. In his judgment, Justice Stephen Mubiru awarded Kiwanda sh30m in general damages and sh15m in exemplary damages.
Kanyeihamba died on July 14, 2025, before the judgment was delivered.
KAMPALA - The High Court has ordered the estate of the deceased Prof. Dr George Wilson Kanyeihamba to pay researcher Yusuf Kiwanda sh45m in damages for copyright infringement in a judgment delivered on October 29, 2026.
The court also ordered the estate to account for proceeds from the sale of a book that allegedly incorporated Kiwanda’s research and written contributions without acknowledging him.
In his judgment, Justice Stephen Mubiru awarded Kiwanda sh30m in general damages and sh15m in exemplary damages.
The judge further ordered the estate to pay Kiwanda interest at an annual rate of 6% on the damages from the date of judgment until payment in full, together with the costs of the suit.
The court also directed the estate to account for the proceeds from the sale of the book and pay Kiwanda 30% of the gross proceeds.
It further ordered the seizure of any unsold copies of the book in stock.
The case arose from Kiwanda’s claim that Kanyeihamba had engaged him to update his 1975 book, Constitutional Law and Government in Uganda, on the understanding that he would be recognised as a co-author and receive 30% of the proceeds from its sale.
Kiwanda told the court that he undertook extensive research, updated chapters in the original publication and added new material, including case law, legislation and additional chapters.
He said the revised book was initially intended to be titled Kanyeihamba’s Constitutional Law, Public Law and Government
However, Kiwanda alleged that after completing the work, Kanyeihamba changed his position and offered him sh1m for his services, an offer he rejected.
He further claimed that Kanyeihamba later published a book titled Evolution of Constitutional Law, Public Law and Government in 2021, using material from his research and manuscript without including his name.
Kiwanda consequently sued, seeking compensation for the alleged infringement of his copyright and other remedies
During the hearing, Macharia Muriuki, the director of Panamaline Books, testified that he had recommended Kiwanda for the work
Muriuki confirmed that Kiwanda had carried out research, written updated chapters and submitted the final manuscript
Kanyeihamba did not file a defence or appear in court, and the matter proceeded ex parte
However, Justice Mubiru observed that the fact that a case proceeds ex parte does not relieve a plaintiff of the duty to prove the claim
The judge considered the evidence presented, including correspondence between the parties and a newspaper interview in which Kanyeihamba discussed the work.
Justice Mubiru found that the evidence did not establish a valid written agreement between the parties or prove the alleged oral arrangement for Kiwanda to receive 30% of the proceeds
However, the judge found that Kiwanda had made original contributions to the revised work, including research, new chapters and updates to the original material.
The court held that Kiwanda had copyright in the original contributions he made to the derivative work under Sections 2, 3 and 4 of the Copyright and Neighbouring Rights Act
Justice Mubiru found that the use, reproduction and commercial publication of Kiwanda’s work without a valid transfer, licence or assignment amounted to copyright infringement.
The court also found that the failure to acknowledge Kiwanda’s contribution violated his moral rights and that the publication amounted to passing off
In assessing damages, the judge awarded Kiwanda sh30m in general damages and sh15m in exemplary damages
The court also ordered an account of the profits made from the sale of the book and directed the estate to pay Kiwanda 30% of the gross proceeds.
The judge further issued a permanent injunction restraining the publication, sale, or other dealing in the book, Evolution of Constitutional Law, Public Law and Government, unless Kiwanda is acknowledged as a co-author or his contributions are excluded.
Kanyeihamba died on July 14, 2025, before the judgment was delivered.