and Company Advocates who initially drafted and filed the plaintiff’s pleadings.
Ayigihugu and Co. Advocates took over the conduct of the Plaintiff’s Suit
subsequently. The Defendant is represented by Doreen Nanvule and Jamina Apio
of Messieurs Shonubi Musoke and Company Advocates.
The Plaintiff testified in person and did not call any other witness while the
Defendant called 4 witnesses whereupon the court was addressed in written
submissions. The facts are sufficiently dealt with in the written submissions and
the factual controversies are resolved in the judgement.
Submissions
The Plaintiff’s Counsel submitted that the Plaintiff is an Employee of the
Defendant where he works as a machine operator and has been in the
employment of the Defendant for 18 years. From about November 2011 to
around May 2013 the Plaintiff's images, pictures, still photos and motion pictures
were used by the Defendant in its advertisement on several television stations
namely NTV, UBC, and WBS. The pictures appeared in the New Vision and
Monitor newspapers and the contractor year calendar of the Defendant magazine
owned and printed by a company known as SAFAL magazine. The Plaintiff's
contention is that the Defendant did not at any one time seek his consent nor was
there any consideration given to him for the use of his images. The Plaintiff
contends that he did not authorise the use of his images, pictures for the
advertisements. Furthermore the Defendant's actions amount to infringement of
his constitutional and neighbouring rights. The Plaintiff further contends that the
Defendant was taking benefit without consideration by the use of his images for
the commercial advertisements. Consequently the Plaintiff has suffered damage
as a result of the infringement and is entitled to the usage fees of his images and
damages.
In reply the Defendant's Counsel conceded that the Plaintiff has been employed
by the Defendant for the past 18 years as a machine operator. Sometime in 2011
the Plaintiff among several other Employees, volunteered to participate in a
photo shoot in which his still, audio and visual images would be featured in an
Decision of Hon. Mr. Justice Christopher Madrama
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