The High Court Commercial Division in Kampala has ordered the estate of the late former Supreme Court judge, Prof. George Wilson Kanyeihamba, to pay Shs45 million in damages to a researcher for illegally using his original work in a revised law textbook without acknowledgment or compensation.
In a landmark ruling delivered by Justice Stephen Mubiru, the court held that the late jurist infringed on Mr. Yusuf Kiwanda’s copyright by incorporating the researcher’s independently developed material into a revised version of his 1975 book, Constitutional Law and Government in Uganda, which was later republished under the title Evolution of Constitutional Law, Public Law and Government.
The legal battle stems from an extensive editorial overhaul undertaken by Mr. Kiwanda, who updated the legal authorities of the original 14-chapter text and authored seven entirely new chapters-expanding the final manuscript to 21 chapters. Despite using the completed manuscript verbatim, Prof. Kanyeihamba stripped Mr. Kiwanda’s name from the published work, altered the title, and replaced the preface.
Although Prof. Kanyeihamba passed away on July 14, 2025, before the suit was finalized, Justice Mubiru ruled that the suit could legally proceed against his estate because copyright claims involve property rights and financial interests that survive a defendant’s death.
“The plaintiff’s contributions were the product of his own independent efforts; he had conducted the research, authored new chapters, updated existing content with contemporary case law and statutory provisions, and produced the complete manuscript,” Justice Mubiru observed. “The published book was identical to the plaintiff’s manuscript, demonstrating that the defendant had made no independent creative contribution to the revised content but had instead removed Mr Kiwanda’s name and changed the title and preface.”
Justice Mubiru held that Mr. Kiwanda’s extensive additions qualified as an original derivative work deserving full protection under Ugandan law. “Publishing the revised manuscript without Mr Kiwanda’s permission and presenting the work as Prof Kanyeihamba’s own amounted to copyright infringement and reverse passing off,” the judge ruled.
The court noted that Prof. Kanyeihamba had previously offered Mr. Kiwanda Shs1 million for his services, an act the judge said implicitly acknowledged that the researcher had performed valuable, independent professional work. Testimony from key witnesses, including Panamaline Books director Macharia Muriuki, further corroborated Mr. Kiwanda’s central role in generating the manuscript.
Evaluating the remedy, Justice Mubiru awarded Mr. Kiwanda Shs30 million in general damages and an additional Shs15 million in exemplary (punitive) damages, noting that the infringement involved the entire manuscript rather than a minor excerpt. He cited legal precedents, including Angella Katatumba Vs The Anti-Corruption Coalition of Uganda and Annette Najjemba Vs MK Publishers Limited, to reinforce that copyright infringement constitutes a breach of property rights where damages can be awarded regardless of specific financial loss.
Addressing the disparity in academic standing between the two parties, Justice Mubiru emphasized that the exemplary damages were necessary to send a clear message to the academic community. He noted that the Shs15 million punitive fine would “serve to punish Prof Kanyeihamba’s high-handed conduct and deter similarly situated authors from exploiting research assistants and co-creators.”
Addressing whether punitive damages could be levied against a deceased person’s estate, Justice Mubiru clarified that while Section 13(2)(a) of the Law Reform (Miscellaneous Provisions) Act bars exemplary damages when a claim is brought for the benefit of a deceased plaintiff’s estate, no such statutory restriction applies to actions brought against the estate of a deceased defendant.
Beyond the Shs45 million damages award, Justice Mubiru issued a permanent injunction restraining Prof. Kanyeihamba’s estate, agents, and successors from publishing, distributing, or selling the book without properly crediting Mr. Kiwanda as a co-author. The court further ordered the immediate seizure of all unsold copies in stock.
While the court rejected Mr. Kiwanda’s claim for a 30 percent royalty share under an alleged oral contract-reasoning that copyright exploitation agreements must be in writing and signed to be contractually enforceable-it nevertheless ordered the estate to account for all proceeds realized from book sales and pay 30 percent of the gross proceeds to Mr. Kiwanda based on his joint ownership of the derivative work.
All financial awards will attract a six percent annual interest rate from the date of judgment until full payment. The court specified that enforcement of the decree against the estate will be limited to property that has validly passed into the hands of the late judge’s legal representatives.