THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA (COMMERCIAL DIVISION) CIVIL SUIT NO. 443 OF 2010 SYLVIA NABITEEKO KATENDE ------------------------PLAINTIFF VS BANK OF UGANDA ------------------------------------ DEFENDANT BEFORE LADY JUSTICE FLAVIA SENOGA ANGLIN JUDGMENT Brief Facts: The Plaintiff an artist and lecturer at the School of Arts, Makerere University participated in a contest that had been advertised in the newspapers for the creation of a model which was to eventually be translated into a sculpture for Kampala City Council (KCC) Centenary Park. The Plaintiff was the successful contestant and she was duly paid the prize monies for the model by KCC. Subsequently, in 1992, Shell Uganda Limited contracted a team, headed by Dr. Pilkington Ssengendo, who translated the model into architectural form as the sculpture for KCC Centenary Park. The sculpture was completed in October, 1994, and Shell Uganda duly paid the agreed fee. The sculpture is on public display at KCC Centenary Park. In the year 2010, the Defendant introduced new bank notes among which were the Uganda 20,000/- shilling note, that carries the design of the monument at KCC Centenary Park. The Plaintiff brought this suit against the Defendant contending that the sculpture was built by Prof. Ssengendo without her knowledge or consent. That she used her sweat and skill to make the model and the Defendant and Prof. Ssengendo appropriated it without her knowledge and made money out of it. Further that she the Plaintiff has never been remunerated or enjoyed economic benefit for her work. Instead the various parties have wantonly and whimsically infringed on her copyright with impunity, hence this suit where she seeks recognition of her copyright in the work, special and general damages, and punitive/aggravated damages for the infringement by the Defendant. Declaratory orders set out in the plaint, damages and costs of the suit were also applied for.