Wakilii

Lamwaka v MS Mukono Bookshop Printing and Publishing Co. Ltd (CIVIL SUIT NO. 326 OF 2014) 2019 UGHCCD 40 (2019-02-25)

High Court · [2019] UGHCCD 40 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for breach of contract and copyright infringement
Decision
Judgment for plaintiff; defendant liable for contractual balance and copyright infringement damages

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that a suit based on an unstamped contract is not barred in law where the contract is admitted as an agreed fact; that oral variation cannot alter a written contract under s.92 Evidence Act; that the defendant breached the contract by failing to pay the balance due under the agreed per-book rate; and that the defendant infringed the plaintiff author's copyright by printing and selling extra copies without her permission.

Outcome

Judgment for plaintiff; defendant liable for contractual balance and copyright infringement damages

Facts

On 20 November 2009 the plaintiff author entered a contract with the defendant publisher to print and supply two geography textbooks for procurement by the Ministry of Education. The contract provided the plaintiff would receive UGX 2,250 per book sold. Only one textbook was successful in the bidding process. The defendant supplied 183,741 copies to the Ministry under procurement reference MOEZ/SUPPLS/09-10/3023. The Ministry paid the defendant in full in February 2014. The defendant paid the plaintiff only UGX 15,000,000 of the UGX 413,417,250 due. The defendant claimed the per-book rate had been orally varied to UGX 600 due to increased costs and losses during the bidding process. The plaintiff discovered the defendant had printed extra copies and was selling them in its bookshop and to other outlets without her permission. The defendant argued the extra copies were printed to replace damaged books and were excess stock from the Ministry contract.

Issues

  1. Whether the Plaintiff's suit is barred in law
  2. Whether the Defendant breached the contract as alleged
  3. How much is the Plaintiff entitled to under the suit contract from the defendant
  4. Whether the Defendant committed copyright infringement as alleged
  5. Whether the Plaintiff is entitled to the reliefs sought and if so, the quantum thereof

Orders

  • Judgment entered for the plaintiff
  • Defendant ordered to pay UGX 398,417,250 as special damages (balance on contract)
  • Defendant ordered to pay UGX 5,000,000 as general damages for copyright infringement
  • Special damages to attract interest at 8% per annum from 24 September 2014
  • General damages to attract interest at 8% per annum from date of judgment
  • Costs of the suit awarded to the plaintiff

Rules and key headnotes

Stamp Duty — Admissibility of Unstamped Documents — Effect on Suit
A suit is not barred in law merely because it relies on a contract that has not paid stamp duty. Non-payment of stamp duty affects admissibility of evidence under the Stamp Duty Act but does not render the contract illegal or bar the suit where the existence of the contract is an agreed fact and can be proved by other means.
Variation of Written Contracts — Requirement for Writing
A contract that is in writing cannot be varied orally. Under s.92 of the Evidence Act, once the terms of a contract have been reduced to writing, no evidence of any oral agreement shall be admitted for the purpose of contradicting, varying, adding to or substituting from its terms. A contract which by law is required to be in writing can only be varied by a subsequent written agreement.
Breach — Failure to Perform Contractual Obligation
Breach of contract occurs where one party fails to fulfill the obligations imposed by the terms of the contract. Where a party has performed his part of the bargain, he may be assisted by the court to enforce the contract against a defaulting party.
Copyright — Author's Economic Rights — Reproduction without Permission
Under ss.4 and 9 of the Copyright and Neighbouring Rights Act, the author of an original work reduced to material form has copyright protection and the exclusive right to publish, produce or reproduce the work or to authorize others to do so. Any person who wishes to produce copies must obtain the author's express permission and authority.
Copyright Infringement — Distribution for Trade
Copyright is deemed to be infringed by any person who distributes copies either for purposes of trade or to such an extent as to affect prejudicially the owner of the copyright. Printing and selling extra copies outside the scope of a contract without the copyright owner's permission and authority constitutes infringement.
Damages — Burden of Proof — Proof of Loss
Where a plaintiff brings an action for damages, it is for the plaintiff to prove the damage. It is not enough to write down particulars and ask the court to award them; the plaintiff must prove both the fact and quantum of loss with such certainty and particularity as is reasonable having regard to the circumstances and nature of the acts by which the damage is done.

Legislation cited (11)

Cases cited (12)

  • Makula International v His Eminence Cardinal Nsubuga & Anor (Court of Appeal No. 4 of 1981)
  • Nakana Trading Co. Ltd v Coffee Marketing Board (Civil Suit No. 137 of 1991)
  • Ronald Kasibante v Shell (U) Ltd (High Court Civil Suit No. 542 of 2006)
  • Azziz vs Bhatia Brothers Ltd [2001] EA 7
  • Ruhemba vs Skanka Jensen (U) Ltd [2002] 1 EA 251
  • Angella Katatumba v The Anti-Corruption Coalition of Uganda (High Court Civil Suit No. 307 of 2011)
  • Gasston and Harbour vs Bwavu Mpologoma Growers Cooperative Union Limited and others [1958] EA 549
  • Bendicto Musisi v Attorney General (High Court Civil Suit No. 622 of 1989)
  • Rosemary Nalwadda v Uganda Aids Commission (High Court Civil Suit No. 67 of 2011)
  • Dr. Denis Lwamafa v Attorney General (High Court Civil Suit No. 79 of 1983)
  • Ouma vs Nairobi City Council [1976] KLR 298
  • Kakubhai Mohanlal v Warid Telecom Uganda (High Court Civil Suit No. 224 of 2011)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Lamwaka v MS Mukono Bookshop Printing and Publishing Co. Ltd (CIVIL SUIT NO. 326 OF 2014) 2019 UGHCCD 40 (2019-02-25)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.