The estate of renowned Ugandan legal scholar and former Supreme Court Justice Prof George Wilson Kanyeihamba has been ordered by the High Court to pay Shs45 million to writer Yusuf Kiwanda following a dispute over a law textbook that allegedly used his work without proper recognition. The ruling has brought attention to the importance of respecting intellectual property rights, particularly in academic writing, where researchers and authors invest considerable time and effort in producing original content.
The dispute revolves around Kanyeihamba’s famous 1975 textbook, Constitutional Law and Government in Uganda, which was widely used by law students and other people interested in Uganda’s legal system. As the country’s laws and constitutional developments changed over the years, the professor reportedly sought assistance from Kiwanda to update the publication and make it relevant to the changing legal environment.
According to court records, Kiwanda agreed to work on the revised edition with the understanding that he would be recognised as a co-author and receive 30 per cent of the proceeds from book sales. He told court that he conducted extensive research, incorporated new legal developments and court decisions, and developed seven additional chapters, increasing the manuscript from its original 14 chapters to 21 chapters.
However, the working relationship between the two reportedly deteriorated after disagreements emerged over the proofreading process. Kiwanda explained that Kanyeihamba wanted them to review the chapters together, but their discussions did not progress as expected. He further claimed that the professor eventually became angry and instructed him never to visit or contact him again about the publication. An offer of Shs1 million was later reportedly made to him, but he rejected it, insisting that his contribution deserved proper recognition and compensation.
The matter resurfaced in 2021 when Kiwanda came across an advertisement for a new book titled Evolution of Constitutional Law, Public Law and Government. After purchasing a copy, he allegedly discovered that the publication contained the material he had prepared, including the additional chapters, but his name had been removed. He claimed that the title and preface had also been changed, prompting him to take legal action over what he considered an infringement of his copyright.
In his judgment, Justice Stephen Mubiru agreed that Kiwanda had independently created substantial new material that deserved copyright protection. Although the judge observed that the alleged agreement on co-authorship and sharing of sales proceeds should have been documented in writing, he found that this did not take away Kiwanda’s ownership rights over the original content he had developed. The court therefore concluded that using the material without his authorisation and publishing it under another person’s sole authorship violated his copyright.
Justice Mubiru consequently awarded Kiwanda Shs30 million in general damages and another Shs15 million in exemplary damages, bringing the total compensation to Shs45 million. The judge reportedly described the earlier Shs1 million offer as “insultingly low” in comparison with the contribution Kiwanda had made. The award will attract annual interest of six per cent from the date of judgment until full payment is made.
In addition to the financial compensation, the court ordered Kanyeihamba’s estate to account for the proceeds generated from sales of the disputed publication, with Kiwanda entitled to 30 per cent of the gross sales revenue. The ruling also requires that he be recognised as a co-author, while unsold copies of the book are to be seized. However, the judge clarified that the compensation can only be recovered from the deceased professor’s property that has come into the hands of the person legally appointed to represent his estate. Prof Kanyeihamba died in July 2025, before the ruling was delivered, while Kiwanda was represented by EJ Sendegeya & Associates Advocates.
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