Whether the billboard at Entebbe International Airport (EIA) contained the plaintiff’s image between 2010-2012. According to PW1 Bassajjabaka, in 2010, he was informed by two work colleagues Mugerwa and Moses ,both teachers like himself, that his picture was on a billboard at 35 the transit lounge of EIA , a revelation which took him by surprise. In April/May 2011, he was travelling to Dubai and he saw his picture on a large billboard at the transit lounge accompanied by the word ‘MTN, seeing through your ears countrywide coverage and clear signal’ He was supported in his evidence by PW2 Kitagana Zaidi an old boy of the plaintiff and 40 a fellow teacher who happened to be travelling to Kenya and Germany in 2011 when he clearly identified Basajjabaka on the billboard. Basajjjabaka was also supported in his evidence by Moses Wankiiri a work colleague at Agakhan Universtiy who saw the picture on the billboard in 2012 as he transited through EIA. It was suggested by the defence in cross examination of Basajjabaka that his image was 45 not easily recognizable on the bill board. I had occasion to view the photographs of the bill board as taken by Basajjbaka ( PE 1,2,3) and compared them to the plaintiff and my observation was he is one of the several men captured in the photograph. I find on a balance of probabilities that the plaintiff’s image was on the billboard which 50 the defendant in its written statement of defence admits as belongs to it. Whether the plaintiff has a cause of action The plaintiff averred in his statement of claim that the defendant used his picture illegally and without his consent , derived benefit from use of his picture , caused him stress and put his life at risk as people thought he had bagged money from the advert. 55 Both counsel submitted on whether these facts established a cause of action. Counsel for the plaintiff submitted that the right to privacy is protected by article 27 of the Constitution and breach of that right confers a cause of action on the plaintiff. Article 27 guarantees the right to privacy of the person in the following terms: 1) No person shall be subjected to2

اختر الفقرة المستهدفة3