The defendant on the other hand denied the plaintiff’s claim and through its witness Rogers
Kakeeto who testified as Dw1 informed the court that in 2011 it introduced a new account
opening product called Agro Save and in order to promote that product it engaged the third party
in this suit to give it the necessary publicity with the third party developing the necessary
publicity concepts and procuring the required materials for the advertisement. That when the
artwork for the publicity stunt was completed and the same presented to the defendant , it was
accepted and commissioned for production since the final product produced featured the image
of a woman in an orchard of oranges . That as a result the image was placed by the third Party
onto bill boards, fliers and brochures which were printed and circulated to the defendant’s clients
but that at the time when the work was presented the woman who was featured in the artwork
and subsequently in the adverts was not known to the defendant only for the defendant to later
receive a notice of intention to sue from the plaintiff claiming that the image used in the Agro
Save advertisement was hers which claim the defendant considered strange and upon receipt of
the said notice the defendant sought to know from the third party on whether it had such legal
rights to the photograph in the adverts and that the third party informed the defendant that the
photographs and images appearing in the adverts had been obtained from the New Vision
newspaper as seen from Exhibit D9(1) and another from a company known as Shutter Stock as
seen from Exhibit D6 which company the third party was subscribed to to gain access to
photographs which it had used in the adverts for the product of the defendant. To prove this
position , the witness tendered receipts from the New Vision newspaper Exhibit D4 and another
from Shutter Stock Exhibit D5 as proof of purchase and subscription respectively. This witness
stated that this information was given to the defendant by the third party which enabled the