He Didn't Credit Him! Late Prof Kanyeihamba’s Estate Ordered To Pay Writer Shs45 Million Over Disputed Law Book

The estate of the late former Supreme Court Justice Prof George Wilson Kanyeihamba has been ordered to pay writer Yusuf Kiwanda Shs45 million after the High Court found that the renowned legal scholar used his work in a revised law textbook without properly recognising or compensating him.

In a ruling delivered by Justice Stephen Mubiru, the court found that Kiwanda had created substantial new content for an updated version of Kanyeihamba’s 1975 book, *Constitutional Law and Government in Uganda*. The original publication had become an important reference for university law students, but Kanyeihamba reportedly wanted it updated to reflect changes in Uganda’s legal system.

Kiwanda told court that Kanyeihamba had approached him to revise the book, with an understanding that he would be recognised as a co-author and receive 30 per cent of the sales proceeds. Although their agreement was not written down, Kiwanda said he researched new laws and court decisions, added fresh material and developed seven additional chapters, increasing the manuscript from 14 to 21 chapters.

The working relationship later broke down after disagreements over the proofreading process. Kiwanda said Kanyeihamba wanted them to sit together and review every chapter, but he was unable to do so because he had already taken his leave. He claimed the professor became angry and told him never to visit or call him again regarding the book. Kanyeihamba later reportedly offered him Shs1 million, which Kiwanda rejected, warning both the professor and publisher against using his chapters.

The dispute resurfaced around March or April 2021 when Kiwanda saw an advertisement for a new publication titled *Evolution of Constitutional Law, Public Law and Government*. After purchasing a copy, he said he discovered that it was identical to the manuscript he had submitted, but his name had been removed and the title and preface changed. He subsequently sued Kanyeihamba, who did not file a defence or appear in court.

In his judgment, Justice Mubiru did not accept every part of Kiwanda’s case. The judge noted that the alleged agreement on co-authorship and sharing proceeds should have been put in writing as required under copyright law. However, he found that Kiwanda was still the author of the new material because he had independently created the additional chapters, which Kanyeihamba had not written.

The judge described the use of Kiwanda’s work without authorisation as a violation of his copyright, saying the removal of his name and publication under sole authorship amounted to a clear denial of his rights. Justice Mubiru also described the Shs1 million offer as “insultingly low” and awarded Kiwanda Shs30 million in general damages and Shs15 million in exemplary damages, bringing the total to Shs45 million, with interest of six per cent per year from the date of judgment until payment.

Beyond the compensation, the court ordered Kanyeihamba’s estate to account for proceeds from sales of the disputed book, with Kiwanda entitled to 30 per cent of the gross sales revenue. Unsold copies are to be seized, and Kiwanda must be acknowledged as a co-author. The judge clarified that payment can only be recovered from the deceased professor’s property that has come into the hands of the person appointed to represent his estate. Kanyeihamba died in July 2025, before the ruling, while Kiwanda was represented by EJ Sendegeya & Associates Advocates.