During the initial hearing, Kakoma’s lawyers argued that the composer received just Shs 2,000 from the government as an initial “token of appreciation” in 1963. Although the court disallowed Prof Kakoma’s plea to be declared the lawful owner of the national anthem, justice Bamwiine granted him a payment of Shs 50 million which would attract an annual interest of 25 per cent until the government settled the payment. Â
But Kakoma rejected the award saying that it was too little to cover the damages incurred for violation of his copyright for more than 40 years. He then went to the court of appeal seeking a compensation of about Shs 800 million instead. He died in 2012 before the case was disposed off. Â
However, his widow Mary Teresa Kakoma continued pushing the case. The state through the then director for civil litigation Christine Kahwa and Charity Nabasa the state prosecutor opposed the appeal arguing that Kakoma had been paid for his work. The state lawyers, however, supported the 50 million award since it had been given due to the judge’s discretion. Â
A panel of three justices Hellen Obura, Elizabeth Musoke and Fredrick Egonda-Ntende quashed the compensation award on grounds that it had no legal basis. The judges also ruled that Kakoma vested the copyright of the national anthem with the government and that the copyright enjoyed legal protection for 50 years which expired in 2012. Â