LAVERNE CARRANZA NAA OKAILEY SHOOTER vs. INTERCOM PROGRAMMING & MANUFACTURING CO LTD [2019]DLHC6868

LAVERNE CARRANZA NAA OKAILEY SHOOTER vs. INTERCOM PROGRAMMING & MANUFACTURING CO... [2019]DLHC6868

Date	2019-05-20
Suit No.	SUIT NO: BC/684/2015
Citation No.	[2019]DLHC6868

HIS LORDSHIP JUSTICE KWEKU T. ACKAAH-BOAFO

CARLOS DE-SOUZA FOR THE PLAINTIFF

NANA ADJOA HACKMAN FOR THE DEFENDANT

[2019]DLHC6868
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													<main id="main" class="content" style="min-height: 60rem" >LAVERNE CARRANZA NAA
OKAILEY SHOOTER<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>INTERCOM PROGRAMMING
&amp; MANUFACTURING CO LTD.<o:p></o:p>(DEFENDANT)<o:p></o:p>[HIGH COURT (GENERAL JURISDICTION DIVISION), ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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SUIT
NO: BC/684/2015&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;DATE: 20TH MAY, 2019<o:p></o:p>

</div>COUNSEL: <o:p></o:p>CARLOS DE-SOUZA FOR THE
PLAINTIFF <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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NANA
ADJOA HACKMAN FOR THE DEFENDANT<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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HIS
LORDSHIP JUSTICE KWEKU T. ACKAAH-BOAFO<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div>i.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Introduction:<o:p></o:p>[1]&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 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. <o:p></o:p><o:p>&nbsp;</o:p>[2]&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 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”.<o:p></o:p><o:p>&nbsp;</o:p>[3]&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 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.&nbsp; 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). <o:p></o:p><o:p>&nbsp;</o:p>[4]&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 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 agreements
signed with the Plaintiff the use of the Plaintiff’s image on the Defendant’s
billboard beyond the terms of the agreements did not amount to a breach of the
agreement. The Defendant also averred that the Plaintiff demanded an amount of
$50,000.00 as compensation for the use of her image, but the Defendant viewed
the demand as unreasonable. Based on the averments above and others contained
in the amended statement of defence the Defendant therefore prayed t</main>