The Commercial Division of Uganda's High Court has ruled that the estate of deceased Supreme Court Justice George Kanyeihamba must pay $12,600 in damages to Yusuf Kiwanda for copyright infringement. The court found that Kanyeihamba published a revised version of his 1975 book, Constitutional Law and Government in Uganda, using Kiwanda's research and written contributions without acknowledgement.
According to the court's ruling, Kiwanda had invested considerable time, skill, and labor in revising the book, adding seven chapters, updating case law and statutory provisions, and producing a complete manuscript. However, he received no compensation for his work. Justice Steven Mubiru stated that Kiwanda had been deprived of the economic benefit of his work and had suffered economic loss due to Kanyeihamba's unauthorized publication.
Kiwanda had been engaged by Kanyeihamba to update the book to reflect the contemporary political environment. Kanyeihamba had promised Kiwanda 30% of the proceeds from sales and recognition as a co-author of the revised publication. However, Kanyeihamba later changed his mind, offered Kiwanda $267 in payment, and asked him to abandon the project. Kiwanda rejected the offer and asked Kanyeihamba not to publish the book using his research and chapters.
Despite Kiwanda's objections, Kanyeihamba published the book in April 2021 under the title Evolution of Constitutional Law, Public Law and Government, incorporating Kiwanda's contributions without acknowledging him. Kiwanda sued, seeking his agreed 30% share of the sales, damages, recognition as a co-author, or removal of his contributions from the book. The case proceeded ex parte as Kanyeihamba did not file a defense or appoint lawyers to represent him.
The court ruled that Kanyeihamba's death on July 14, 2025, did not extinguish the claim against him, as the cause of action survived against his estate under Section 13 of the Law Reform (Miscellaneous Provisions) Act. The judge stated that copyright infringement claims involving proprietary and financial interests survive the death of the person against whom they are brought.
The court awarded Kiwanda $8,600 in general damages and $4,000 in exemplary damages, totaling $12,600, to be paid by Kanyeihamba's estate. The judge noted that the infringement involved more than the unauthorized use of a few paragraphs, describing it as the use of an entire manuscript containing extensive academic research.
The court also issued a permanent injunction restraining the publication, sale, or distribution of Evolution of Constitutional Law, Public Law and Government unless Kiwanda is acknowledged as a co-author or his contributions are removed. The injunction covers the seven new chapters, updated case law and statutory provisions, revised content, and the selection and arrangement of material contributed by Kiwanda.
Key points
- The Uganda High Court has ordered the estate of late Justice George Kanyeihamba to pay $12,600 in damages to Yusuf Kiwanda for copyright infringement.
- The court found that Kanyeihamba published a revised version of his book using Kiwanda's research and written contributions without acknowledgement.
- The ruling states that Kanyeihamba's death does not extinguish the claim against him, as the cause of action survives against his estate.
