THE REPUBLIC OF UGANDA,
IN THE HIGH COURT OF UGANDA AT KAMPALA
(COMMERCIAL DIVISION)
HCCS NO 0298 OF 2012
SIKUKU AGAITANO}..............................................................................PLAINTIFF
VS
UGANDA BAATI}...............................................................................DEFENDANT
BEFORE HON. MR. JUSTICE CHRISTOPHER MADRAMA IZAMA
JUDGMENT
The Plaintiff filed this action against the Defendant for declaratory orders that the
Defendant is unfairly benefiting from the use of his images in their
advertisements. He seeks a declaratory order that the Defendant is unfairly
benefiting from the use of his image in its promotional advertisements on various
television stations. Secondly the plaintiff seeks an order for the payment of
Uganda shillings 150,000,000/= as usage fees from November 2011 to the date of
filing this suit. Furthermore the suit is for assessment to be made for payment
beyond the date of filing the suit on the ground of continuous breach; General
damages for unfair benefit by the Defendant; interest of 27% per annum on the
above claims from the time of filing the suit until payment; any other relief that
the court may deem fit to grant and for costs of this suit.
The Defendant denied the claims and preliminarily objected to the suit on the
ground that the plaint discloses no cause of action. The preliminary objection was
overruled on 15 January 2014 and the matter proceeded on the merits. In
compliance with Order 12 rule 1 of the Civil Procedure Rules Counsels filed a joint
scheduling memorandum. In the joint scheduling memorandum it is agreed that
the Plaintiff is an Employee of the Defendant. Secondly the Plaintiff's ‘image’ was
Decision of Hon. Mr. Justice Christopher Madrama
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