[2020]DLCA9857October 22, 2020Court of Appeal

MELCOM LTD.vs. NANA KWAKU DUA A.K.A. TIC TAC

LAWRENCE L. MENSAH, J.A. This is an appeal launched by the Defendant/Appellant (referred to in this judgment as the Defendant) against the judgment of an Accra High Court dated the 17th day of November, 2017 in favour of the Plaintiff/Respondent (who will be referred to as the Plaintiff). The Plaintiff is a professional Ghanaian musician, while the Defendant is a limited liability Ghanaian super market company with several shops across the country. Facts: The facts which engendered the case leading to this appeal are that on the 21st day of May 2009, the Plaintiff executed a two year contract with the Defendant as its brand ambassador. Under the contract Exhibit “A”, the Plaintiff permitted the Defendant to use his images, voice and personal appearance for advertising and promotional purposes for a period of two years as aforementioned. Pursuant to the agreement, the Defendant erected several billboards displaying Plaintiff’s images all over the country as directio...