Fight over Kinyankole dance ends in court

Igongo Country Hotel in Biharwe in Mbarara. PHOTO/FILE/RAJAB MUKOMBOZI

What you need to know:

  • Court documents show that Igongo Country Hotel through its troupe, Amajugo ga Igongo, is the owner of the Ekibengura dance, a creative cultural dance steeped in Ankole culture.

A fight between two groups over the ownership of Kinyankole dance has ended up before the Commercial Division of the High Court for resolution.

The fight over copyright and infringement is between Igongo Country Hotel under its dance group name; Ekibengura against the Ingyenzi Troupe.

Court documents show that Igongo Country Hotel through its troupe, Amajugo ga Igongo, is the owner of the Ekibengura dance, a creative cultural dance steeped in Ankole culture.

It is alleged that on January 14, 2019, Igongo Country Hotel contracted one Ntare to assist Amajugo ga Igongo in the creation of the Ekibengura dance. He was also contracted to record and compose songs attendant to the dance.

To protect its works, the proprietors of the Ekibengura dance, registered the said works with the Uganda Registration Services Bureau on March 26, 2019.

Further, the proprietors of the Ekibengura dance group aver that to their surprise, the Ingyenzi Troupe was secretly performing its dances without their consent.

“To the plaintiff’s director’s (Ekibengura group) utter shock and dismay, it was discovered through the defendant’s social media platforms that without any colour of right, consent or even permission from them, the defendant, his agents, affiliates, and associates, had been illegally performing the Ekibengura dance at different events and earning commercially from it,” reads in part the court documents.

Adding: “The defendant’s (Ingyenzi Troupe) actions of using, exploiting, and publishing the plaintiff’s (Ekiibengura dance group) works without the consent or approval of its directors has subjected the plaintiff (Ekibengura dance group) to losses and diluted its brand.”

Through its lawyers of Matrix Advocates, Ekibengura dance group proprietors now want the court’s declaration that the use of their dances by Ingyenzi Troupe amounts to copyright infringement and should be compensated with Shs50m.

They also want Ingyenzi Troupe to take down all infringing materials on its website and social media sites.