5 IN THE HIGH COURT OF UGANDA AT KAMPALA CIVIL DIVISION HCCS. NO. 100 OF 2012 BASAJJABAKA YAKUB ……………….PLAINTIFF V 10 MTN UGANDA LTD ………………………DEFENDANT BEFORE HON. LADY JUSTICE H. WOLAYO JUDGMENT Introduction The plaintiff through his advocates Lubega, Babu & Co sued the defendant for illegally 15 using his photograph on a billboard for advertising purposes without his consent or authority , deriving a benefit from using his photograph in an advertising campaign and causing him stress, and putting his life at risk as he had received phone calls alleging he had bagged huge sums of money from the use of his picture. The defendant through Kampala Associated Advocates , in its written statement of defence 20 denied the plaintiff’s averments. In the alternative, the defendant contended that even of the billboard contains the plaintiff’s image, it is not easily discernible by a casual observer and that it is not unlawful for the billboard to carry such image. Issues framed by parties for trial 1. Whether the plaintiff has a cause of action against the defendant 25 2. Whether the billboard at Entebbe International Airport (EIA) contained the plaintiff’s image between 2010-2012. 3. If issues 1 and 2 are answered in the positive, whether the plaintiff’s constitutional right to privacy was infringed by the defendant. 4. Remedies 30 Both counsel filed written submissions and authorities that I have carefully considered. 1