unless his opponent adduces evidence to rebut the presumption. The standard of proof is
on the balance of probabilities.
EVIDENCE
I have already indicated that the parties opted for legal arguments. Neither party adduced
oral evidence.
What then is the plaintiff‟s evidence in support of his claim?
The answer is contained in the plaint and its annextures, particularly annexture „C‟, a
letter from him to H.E. The President of the Republic of Uganda dated January 13, 1997.
In this letter he makes a number of assertions:
1.
That early in 1962 an open competition for the composing of our National
Anthem was advertised.
2.
That no conditions were attached to the would-be winning entry.
3.
That his was declared the winner.
4.
That he was given a token of Shs.2,000/= as a mark of appreciation.
5.
That a year or two later, the government realizing this was copyright
material, wrote asking him to surrender his copyright to them.
6.
That he referred the matter to his lawyers who responded and wrote back to
the Government demanding a fee of £5000 only before he could sign off his
copyright. That the political turmoil that followed left the matter unsettled
until Amin’s regime came to power.
7.
That in January 1975 he went into self-exile with his family and taught at
Kenyatta University until NRA government came to power in 1986, when
there was the chance to have the matter raised again.
8.
That the Ministry of Justice took up the matter and presented a Cabinet
Memo which was turned down on a flimsy ground that compensating him
would create a precedent.
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