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 /9

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