[2019]DLHC6868May 20, 2019High Court

LAVERNE CARRANZA NAA OKAILEY SHOOTER vs. INTERCOM PROGRAMMING & MANUFACTURING CO LTD

The plaintiff, a former Miss Ghana 2012 and Miss World Africa 2013, sued the defendant company for using her image on billboards and portraying her as the company’s “Technology Ambassador” without her consent. She sought a declaration to that effect and compensation of US$50,000 plus interest. The defendant admitted using her image but contended that its conduct was justified by prior model release agreements and an alleged understanding that payment for billboard use would later be agreed. The court found that the billboard use in 2015 was not authorized by the existing agreements and that no concluded agreement on payment for the billboard use had been proved. Portion of judgment: paras. 1–5, 7–19, especially paras. 8, 12, 14–18, 29–31.

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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 b...