used by the Defendant to advertise on TV stations namely WBS and NTV and print
magazines and calendars until May 2013.
The Plaintiff's case as contained in the joint scheduling memorandum and in the
plaint is that between the months of November 2011 to about May 2013 the
Defendant used his image in commercial advertisements which were run in
several local television stations as agreed above. Secondly the Defendant used the
Plaintiff’s picture/image on the companies "Contractors Year Planner" calendar
which they distributed to their customers. The Defendant did not at any one time
seek the consent of the Plaintiff nor was any consideration given to the plaintiff
for the use of his “image”. Finally the Plaintiff contends that the Defendant's
actions amount to infringement of his “constitutional, image and neighbouring
rights”.
On the other hand the Defendant's case as disclosed in the joint scheduling
memorandum is that the Plaintiff is an Employee of the Defendant Company and
was one of the many Employees who volunteered to have their ‘images’ used for
its advertisements and no financial consideration was given to any of them.
Secondly the Plaintiff consented to the use of his ‘image’ and never at any time
formally objected or expressed any problem with the use of his ‘image’ for the
advertisement. Finally that the Plaintiff is not entitled to the reliefs claimed.
The facts in controversy as agreed for trial are whether the consent of the Plaintiff
was obtained to utilise his image in the commercial advertisement of the
Defendant? Secondly whether the Plaintiff’s rights (image/neighbouring rights)
were infringed by the Defendant.
The agreed issues are:
1. Whether the Plaintiff has a cause of action against the Defendant.
2. Whether the Plaintiffs neighbouring rights were infringed?
3. Whether the Plaintiff is entitled to any remedy or relief?
The Plaintiff is represented by Deus Nsengiyunva of Messieurs Ayigihugu and
Company Advocates and Solicitors which firm took over from Messieurs Nasuna
Decision of Hon. Mr. Justice Christopher Madrama
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