Singer tries to seize Airtel Uganda’s Sh666 million property

The Commercial Court has granted Jamaican singer Konshens permission to seek $180,000 (Sh666 million) in damages from Airtel Uganda for copyright infringement.

Judge Patricia Mutesi ruled that Konshens could be awarded 70 percent of the compensation pending Airtel Uganda’s appeal.

The judge noted that Consensus’s right to compensation was undisputed and that delaying payment would be unfair.

Airtel Uganda had sought to suspend the payment of compensation pending the outcome of the appeal. However, the court allowed them to retain a small portion of the compensation while they await the outcome of the appeal.

Earlier, the court had ordered Airtel Uganda to pay $180,000 in damages, 15% interest per annum, and Sh20 million in punitive damages for copyright infringement.

“If the appeal is decided in favour of the first respondent, he can continue to recover the remaining 30% of the judgment amount from the applicant, but if the appeal is decided in favour of the applicant, the 70% of the judgment amount already recovered by the first respondent (which is in excess of the amount due to him) will always be recoverable from him,” Justice Mutesi ruled.

Onmobile Global Limited was also ordered to pay punitive damages of Sh30 million and 10% interest. The court declared that Airtel Uganda and Onmobile Global Limited had infringed Konshens’ copyright and caused unjust enrichment by the unauthorized use and distribution of his songs as ringtones.

In 2015, Konshens sued Airtel Uganda, Onmobile Global Limited and MTECH Limited, alleging that they used his songs without permission and failed to pay royalties. The court found Konshens to be the author and composer of the disputed songs, including Simple Song, Gyal a Bubble and Jah Love Me.

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