Court awards N10m damages,10 percent interest against Quilox Restaurant and Bar for breaching the plaintiff’s right
By Onyewuchi Ojinnaka
A Federal High Court sitting in Lagos has awarded to Ndidi-Amaka Odogwu (plaintiff) the sum of N10 million general damages as compensation for the breach of her rights by the defendant Quilox Restaurant and Bar Limited.
This was the judgement of the court presided over by Justice Chukwujekwu Aneke on Suit No.FHC/L/CS/482/2017 wherein the plaintiff Ndidi-Amaka Odogwu sued the defendant Quilox Restaurant and Bar Limited for unauthorised use of her image on the defendant’s social media account to promote its events.
Delivering the judgement, Justice Aneke further awarded to the plaintiff 10 percent post judgement interest on the sum of N10 million awarded.
The court also granted reliefs 17.2 and 17.3 sought by the plaintiff in her statement of claim.
Ndidi-Amaka Odogwu had sued Quilox Restaurant and Bar Limited through a Writ of Summons dated 22nd of March , 2017 and filed on 28th of March, 2017.
On 4th of April 2017, she filed her amended statement of claim and other processes as required by the rules of the court.
In paragraph 17 of her statement of claim, the plaintiff claimed against the defendant the following reliefs:
“A public apology from the defendant, published in at least two (2) National Newspapers, for the unauthorised use of her image on the defendant’s official social media accounts to promote its events.
“An order of perpetual injunction restraining the defendant from further unauthorised use of the plaintiff image on its official social media accounts and all other platforms.
“An order for the immediate removal of the plaintiff’s image from the defendant’s official social media accounts and all other platforms that may contain the infringing publication.
“General damages in the sum of N100 million for infringement of the plaintiff’s image rights.
“General damages in the sum of N50 million for libel.
The sum of N10 million being the cost of the instant action and all other sums which may be adjudged due and payable to the plaintiff under the equitable jurisdiction of the honourable court.
The plaintiff had averred amongst other averments, that the defendant on January 4, 2017, without her authorisation published her image on its social media accounts on Facebook, Instagram and Twitter (@ clubquilox), promoting a Club Quilox event tagged “Lipstick Wednesday”.
The plaintiff further averred that the main promotional feature of the defendant’s publication was her (plaintiff) image wearing red lipstick and the publication was captioned “Club Quilox Presents Lipstick Wednesday ” which associated the plaintiff with the said event and the defendant’s night Club Quilox in general.
She stated that she is not associated with the defendant either professionally or socially, adding that the defendant published her image without her authorisation and compensation and thereby breaching her image rights, violated her right to privacy, religion and infringed her right to control the commercial use of her image.
But in its statement of defence filed on 21st March 2018, Quilox Restaurant and Bar Limited stated that it never published the image of the plaintiff in its official social media accounts but rather sometime in July 2015, it went into contract with West Designz, a graphic artiste/Instagram account holder which is into advertising both within and outside social media.
The defendant stated that it was the said company that carried out the job of publicising its activities, including “Lipstick Wednesday” on social media.
It also stated that it is from the said website that the management of the advertising company picked and modified the image used in advertising its “Lipstick Wednesday”.
Having gone through the processes filed by the parties and their submissions, Justice Aneke in his judgement said that it is common to both parties that the 1st defendant used the plaintiff’s image to advertise its club without the plaintiff’s permission.
” The plaintiff has therefore established that the defendant breached its right to privacy”.
On the issue of compensation, the court noted that the plaintiff works as an Administrative Officer in an Electrical or Power Holding Company.
The court also noted the evidence that the plaintiff serves as an official in a Redeem. Christian Church.
Justice Aneke said, “I also take Judicial Notice that the plaintiff is an African Woman where going to a night club by a lady is not a complement but rather seen as an erosion of our cultural values and therefore frowned at”.
“Having considered the above, I am of the opinion that an award of N10, 000,000.00 general damages will be a satisfactory compensation for the plaintiff.
“I therefore award to the plaintiff N10,000,000.00 general damages as compensation for the breach of her rights in the circumstances of this case by the defendant.
I also award to the plaintiff 10 percent per annum post judgement interest on the sum awarded. I also grant relief 17(2) and 17(3) claimed in the plaintiff’s statement of claim “
“This is the judgement of the court ” the Judge held.
