breached for thy never sought in the first place her permission to put her images on the alleged
publications. I would so find accordingly.
Passing off, misrepresentation and false endorsement
Passing off is basically a tort of deceit which is an act of intentionally giving a false impression
or representation of ones product as that of another.
For one to succeed in an action in a tort of passing off, he/she has to prove three basic elements
to wit:
i) Existence of good will and another person is trying to take advantage of that good will to
cash on to the detriment of the claimant.
ii) A misrepresentation
iii) Damage or likely hood of damage
The above principles were laid down by the High Court in the case of Britannia Allied
Industries Ltd v Aya Biscuits (u) Ltd HCCS No.24 of 2009.
When related to the instant matter, it is the evident that the plaintiff being a commercial farmer
had established good will in the her area of origin with the majority of persons in that region
wanting or wishing to associate with her or her names for through farming she had attracted very
important personalities who including the former Vice Presidents such as Specioza Kazibwe
with the President of Uganda visiting her farm and was clearly impressed with the work that he
made several pledges to her to help her agricultural boost production. This good gesture was
even followed later buy a delegation led by another former Vice President of Uganda Dr. Gilbert
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents