The estate of the deceased Supreme court Justice Prof George Kanyeihamba has been ordered to pay Shs 45 million in damages to a man whose contribution to one of his books was published without acknowledgement.
The Commercial Division of the High court found that Kanyeihamba infringed on the copyright of Yusuf Kiwanda by publishing a revised version of his 1975 book, Constitutional Law and Government in Uganda, using Kiwanda’s research and written contributions without recognising him as a co-author.
In his ruling, justice Steven Mubiru said Kiwanda had invested considerable time, skill and labour in revising the book, adding seven chapters, updating case law and statutory provisions, and producing a complete manuscript, but received no compensation.
“The plaintiff has been deprived of the economic benefit of his work; he invested time, skill, and labour in revising the book, adding seven new chapters, updating case law and statutory provisions, and producing a complete manuscript, but has received no compensation,” Mubiru ruled.
“The plaintiff has suffered economic loss; the defendant’s unauthorised publication has superseded the plaintiff’s ability to exploit his own work,” Kiwanda told the court that Kanyeihamba had engaged him to update the book to reflect the contemporary political environment.
He said the former Supreme court judge had promised him 30 per cent of the proceeds from sales and to recognise him as a co-author of the revised publication, which was to be titled Kanyeihamba’s Constitutional Law, Public Law and Government.
Kiwanda said he subsequently prepared a manuscript and a blurb ready for publication, including an additional final chapter, and sent copies to Kanyeihamba and the publisher. However, he alleged that Kanyeihamba later changed his mind, asked him to abandon the project and offered him Shs 1 million in payment, an offer he rejected.
Kiwanda said he subsequently asked Kanyeihamba and the publisher not to publish the book using his research and chapters, arguing that they constituted his personal intellectual work. Despite the objection, 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 per cent share of the sales, damages, recognition as a co-author or removal of his contributions from the book, and seizure of unsold copies. Kanyeihamba did not file a defence or appoint lawyers to represent him despite being served with court documents, and the case proceeded ex parte.
Justice Mubiru held that Kanyeihamba’s death on July 14, 2025, did not extinguish the claim against him, saying the cause of action survived against his estate under Section 13 of the Law Reform (Miscellaneous Provisions) Act. The judge said copyright infringement claims involving proprietary and financial interests survive the death of the person against whom they are brought, unlike certain personal claims.
“The defendant’s death does not extinguish or diminish the plaintiff’s moral rights in any way. The plaintiff remains entitled to be recognised as co-author of the work, regardless of whether the defendant is alive or dead,” Mubiru ruled.
The court awarded Kiwanda Shs 30 million in general damages and Shs 15 million in exemplary damages, directing that the total Shs 45 million be paid by Kanyeihamba’s estate.
In awarding the damages, the judge said the infringement involved more than the unauthorised use of a few paragraphs, describing it as the use of an entire manuscript containing extensive academic research. He noted that Kiwanda’s work had expanded the book from 14 to 21 chapters and that the publication was a major legal text sold commercially to students, practitioners and institutions.
The court also issued a permanent injunction restraining the publication, sale or other 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.
Justice Mubiru further ordered Kanyeihamba’s estate to account for proceeds from the sale of the book, from which Kiwanda is entitled to recover 30 per cent of the gross proceeds. The court also ordered the seizure of all stocked copies of the book that have not yet been retailed.