Court cancels sh50m award to Kakoma for composing national anthem

The Court of Appeal has cancelled the sh50m compensation award to Prof. George Wilberforce Kakoma for composing Uganda's national anthem. 

The Court of Appeal set aside the High Court decision of 2011, which awarded Kakoma the sh50m. The panel of Justices ruled that the court award was a double payment.

"The reward of sh50m which was granted to the Appellant in the civil suit No.197 of 2008, had no legal basis and is hereby set aside," she ruled.

Justice Elizabeth Musoke who wrote the lead verdict noted that the copyright which was vested in the government of Uganda, enjoyed legal protection for 50 years, which expired in 2012.

Musoke was assisted by other justices Fred Egonda Ntende and Hellen Obura.

"Thereafter, the musical composition entered into the public domain. Accordingly, the composition no longer enjoys copyright protection and can be used freely by the public," the court ruled.

"I would dismiss this appeal with no order as to costs as it relates to a matter whose resolution is of public importance," the court ruled.

In 1962, Kakoma entered and won a competition for composing the anthem. He was given sh2,000 as a mark of appreciation but claimed that two years later, the government asked him to surrender his copyright. 

Prof. Kakoma's wife Maria Teresa Kakoma displays a picture of her late husband. File Photo

In 2008, Kakoma sued the government for recovery of damages, compensation and royalties for infringement of copyright at £1.5m (about sh5.2b). 

He also wanted the court to issue a permanent injunction restraining further infringement and costs of the suit. 

But while passing his judgement, Justice Yorokamu Bamwine rejected Kakoma's demands, saying the £1.5m was astronomical and extortionist. 

Bamwine also ordered that after payment, Kakoma effectively signs off the residue of his interest in the copyright, which will make the anthem an exclusive property of the state. 

He added that the award would attract interest at a rate of 25% per year from the date of judgement till payment in full. He also awarded the taxed costs of the suit to Kakoma. 

However, dissatisfied Widow Mary Theresa Kakoma (administrator of the estate), appealed on grounds the learned trial judge erred in law and in fact.

She contended that Kakoma was commissioned by the government to compose the anthem.

The widow insisted there was a valid contract of assignment of the appellant's copyright to the government.

The administrator asserts the sh2,000 winner prize, constituted consideration for the assignment of his copyright to the government.

According to court documents, in a January 13, 2007 letter, Kakoma suggested to the President Yoweri Museveni a down payment of sh40m or a house in Kampala, so that he could sign off his interest in the copyright.