THE REPUBLIC OF UGANDA,
IN THE HIGH COURT OF UGANDA AT KAMPALA
(COMMERCIAL DIVISION)
CIVIL SUIT NO 307 OF 2011
ANGELLA KATATUMBA}.......................................................................PLAINTIFF
VERSUS
THE ANTI-CORRUPTION COALITION OF UGANDA (ACCU)..................DEFENDANT
BEFORE HON. MR. JUSTICE CHRISTOPHER MADRAMA IZAMA
JUDGMENT
The Plaintiff, an adult female Ugandan and a resident of Kampala, commenced this action
against
the Defendant,
a non-governmental
organisation,
for
general
and
aggravated/exemplary/punitive damages for copyright infringement, and for interest and costs.
The Plaintiff‘s claim arises from the allegation that she carries on the business of an artist,
composer, singer and performer in Uganda and all over the world since about the year 2005. She
alleges that over the years she built up a clientele and fan base in East Africa, USA, Canada and
the United Kingdom and elsewhere in the world over the years released a wide range of musical
productions. Secondly it is averred that the Plaintiff in particular has been involved in the
environmental movement as well as mobilising government and other stakeholders to care for
the poor, especially refugees and internally displaced persons. In those programs, the Plaintiff
relies heavily on cultivating good rapport and understanding with the authorities, to push her
causes, as opposed to adopting confrontational activism and the strategy has been reasonably
successful. Finally the Plaintiff is a composer, producer and copyright holder of a musical
production entitled "Let's Go Green". The Plaintiff also reduced the production into a recorded
audio and visual form. She has marketed the hardcopy as well as soft versions on the YouTube
and other soft media. The Plaintiff alleges that she regularly performs the product in public for
gain as well as advancing her environmental conservation agenda.
In or about April and May 2011, the Plaintiff discovered that a substantial portion of the lyrics
and content of the above-mentioned production were incorporated into and released as part of an
advertisement by the Defendant wherein her production prominently features. The advertisement
was repeatedly aired on several FM stations in Uganda and was also received in neighbouring
countries, through the Internet and worldwide. Incorporation of the lyrics and content into the
advertisement was knowingly made by or on the instructions and for the benefit of the Defendant
without the Plaintiff's knowledge or consent. The advertisement is a virulent castigation of a
wide range of activities in Uganda, including those said to have been done with her tacit