Commercial Court Division
circumstances of this case, I find an award of UShs. 10,000,000/=
appropriate.
The Plaintiff claimed special damages of UShs. 180,000,000/=.
Special damages must not only be specifically pleaded but must also
be strictly proved. Jivanji V Sanyo Co. Ltd (2003) EA 84.
There was no evidence as to the money lost by the Plaintiff. Counsel
for the Plaintiff did not make submissions that were helpful to the
Court in reaching the amount of money claimed.
In the premises
this Court does not find special damages proved and I decline to
award the same.
The Plaintiff sought an injunction.
This suit
was based on
infringement. In cases of infringement, even where damages are not
proved, the injunction will issue.
Since it was my finding that
infringement had occurred, Court finds an injunctive order restraining
the Defendant, her agents, assignees and transferees from further
acts of infringement of the Plaintiff’s copyright appropriate.
Court will award interest on general and exemplary damages at
Courte rate from date of judgment till payment in full. The Plaintiff is
also awarded costs of the suit.
Turning to the Defendant’s prayer for compensation from the Third
Party, it is the finding of this Court that the Third Party conceded to
having supplied the Defendant with the unauthorized artistic works of
the Plaintiff.
HCT - 00 - CC - CS - 373- 2010
The Third Party through its advocate right from the
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