When the case came up for conferencing on 03/09/09, both parties indicated to court that
they were considering an out of court settlement.
The case was put on hold till
18/05/2010 when it again came up for conferencing and the parties still talked of a
possible settlement. They nonetheless agreed that the issues be determined on legal
arguments, unless a settlement is reached in a period of two weeks. None was reached.
Hence this judgment.
Counsel
Mr. Roscoe Ssozi for the plaintiff
Ms. Christine Kahwa for the defendant
Issue No. I: Whether the plaintiff has a copyright in the music comprised in the
National Anthem and if so whether there is infringement of the plaintiff’s copyright by
the defendant.
CAUSE OF ACTION
As I understand it, cause of action simply means the facts that entitle a person to sue.
The cause of action may be a wrongful act, such as the alleged infringement herein, or the
harm resulting from a wrongful act, as in the tort of negligence. Either way the plaint
must to show that the plaintiff enjoyed a right, that the right has been violated and that the
defendant is liable; Auto Garage vs Motokov (No.3) [1971] E.A 514.
Needless to mention, a right is a legally protected interest.
Learned Defence Counsel‟s argument on this point is that the right that would have
accrued to the plaintiff from the composition is non-existent due to the nature of the
contract that was entered into. She argues that it follows from the facts that the plaintiff
entered into a competition organized by the Government of Uganda for the composition
of the national anthem; that the plaintiff participated; and, that he was accordingly paid
Shs.2,000/=.
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