i)
Whether the plaintiff’s image rights have been infringed upon by the defendant and or
the third party.
ii)
Whether the defendant and 3rd party are liable in breach of confidence, privacy and or
are liable for passing off, misrepresentation and false endorsement.
iii)
Whether the defendant and 3rd party unjustly enriched themselves by use of the
plaintiff’s image.
iv)
What remedies are available to the parties.
I have carefully considered the issues and find that they are sufficient in resolving the dispute
before me and therefore I have adopted them accordingly. The resolutions of the issues are set
below.
4. Whether the plaintiff’s image rights have been infringed upon by the defendant and
or the third party:
In a civil matter, it is the duty of a plaintiff to prove to a court on a balance of probability that a
right has been interfered with and thus seek court’s intervention. In consonance with this legal
principle, the plaintiff in a bid to prove her case against the defendant and the third party the
plaintiff called a total of five (5) witnesses including her.
The first plaintiff’s witness was one Alaso Rose who testified as PW1. This witness in her
testimony informed to the court that the plaintiff was a successful commercial farmer in the Teso
sub-region of Eastern Uganda with the plaintiff heading of a number of local groups who were
engaged in commercial farming under the auspices of the NAADS. That this fact being so had
enabled the plaintiff to become very popular in the region, a fact which was manifestingly true
for it culminated into her being visited by none other than the President of the Republic of