THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA HOLDEN AT KAMPALA
COMMERCIAL DIVISION
HIGH COURT CIVIL SUIT NO.0967 OF 2004
STELLA ATAL…………………………………………………………………...PLAINTIFF
VERSUS
ANN ABELS KIRUTA
T/A ‘97 AFRICA ARTS & CRAFTS …………………………………..……...DEFENDANT
BEFORE THE HON. JUSTICE GEOFFREY KIRYABWIRE
JUDGMENT
The plaintiff Stella Atal brought this suit against the defendant, Ann Abels Kiruta for copyright
infringement and conversion and for an injunction restraining the defendant from further
infringement, an account in respect of such infringement, special, general and exemplary
damages for infringement, and damages for conversion plus costs for the suit.
The brief facts of this case are that the plaintiff an artist authored various artistic works. That
sometime between 2001 to 26th May 2003, the plaintiff was engaged in supplying the
defendant with her artistic works for sale in her stores. It is the case for the plaintiff that
about early May 2003, the plaintiff came to learn from her assistant, Mr. Andrew Morgan
Aloka that the defendant had approached him with a view of engaging him to produce,
reproduce and or fabricate the plaintiff’s artistic works at a cheaper price, than what the
plaintiff was selling them. Upon learning of the defendant’s dealings, the plaintiff terminated
all supply dealings of her artistic works to the defendant. It is the case for the plaintiff that
after termination of the dealings with the defendant, the plaintiff came to discover that the
defendant was already engaged in the infringement of her work copyrights for her various
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