LAVERNE CARRANZA NAA OKAILEY SHOOTER v. INTERCOM PROGRAMMING & MANUFACTURING CO LTD.
2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE KWEKU T. ACKAAH-BOAFO
Areas of Law
- Contract Law
- Evidence Law
- Tort Law
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
In the case between Laverne Carranza Naa Okailey Shooter and Intercom Programming and Manufacturing Company Limited (IPMC), the plaintiff sued for $50,000.00 in compensation for unauthorized use of her image on billboards. The court found that while IPMC used the images without proper authorization, the plaintiff failed to provide sufficient evidence to justify the demanded amount. As a compromise, the court awarded the Plaintiff $20,000.00 for the unauthorized use. Plaintiff's claims for interest and the entire $50,000.00 were denied due to lack of substantial proof. Multiple legal principles were discussed, including the burden of persuasion and the ejusdem generis rule, and the standards for implied admission in pleadings.
JUDGMENT
i. Introduction:
[1] The universe unfolded so beautifully for the Plaintiff Laverne Carranza Naa Okailey Shooter, in 2012/2013 as she was crowned Miss Ghana 2012. According to her, her success at the Miss Ghana event gave her the opportunity to represent Ghana at the Miss World in 2013 and was the Second Runner up at the event organized in Bali, Indonesia. As a result of her position she says she became known as Miss World Africa for the year 2013.
[2] This action instituted on July 14, 2015 is against Intercom Programming and Manufacturing Company Limited (IPMC). By this action the Plaintiff is praying for a declaration that the Defendant used her image and also referred to her as an Ambassador of the Defendant Company without her consent/authorization. The Plaintiff is therefore praying the Court for the sum of Fifty Thousand United States of America Dollars ($50,000.00) as compensation and interest on the said sum of money. The lawsuit started when the Plaintiff was a Student but according to the evidence she is now a Junior Doctor at the Maxillofacial Department at Korle Bu Teaching Hospital in Accra. In my opinion, I will therefore not be far from right to describe the Plaintiff as a “beauty with brains”.
[3] The Defendant per its Amended Statement of Defence filed pursuant to the leave of the Court on April 26, 2017 denied all of the Plaintiff’s allegations. The Plaintiff averred that it was an official sponsor of the 2012 Miss Ghana Pageant which was organized by Exclusive Events Ghana Limited. It further averred that as part of the sponsorship deal, the Defendant acquired the right to use the images of the contestants including the Plaintiff in furtherance of its business activities. The Defendant further averred that its use of the image of the Plaintiff on its billboards was premised on a Model Release Agreement which was executed by the parties to enable the Defendant feature the Plaintiff on its billboards for a period of twelve (12) months beginning from May 2013 to April 2014. According to the Defendant as per the agreement the Plaintiff agreed to be paid an amount of Ten Thousand United States Dollars ($10,000.00).
[4] The Defendant further averred that in 2014 it again entered into another agreement with the Plaintiff to use her images on its wall calendar for a period of 12 months from January 1st, 2015 to December 31, 2015 for a fee of GH¢5,000. The Defendant therefore averred that based on the terms of the agreement