Mkude sues MeTL for Sh1 billion over ‘unlawful’ use of images

Dar es Salaam. Young Africans  SC (Yanga) midfielder Jonas Gerald Mkude has filed a case against Mohamed Enterprises Limited (MeTL), from which he demands to be paid Sh1 billion as damages for alleged unauthorised use of his images in its marketing and the promotion of its products without his consent.

Besides that, the player is requesting the court to order the company to pay him royalties resulting from the benefits that the firm has gained.

The case number 192 of 2023 was filed on October 2, 2023 on behalf of the player at the High Court of Tanzania (Dar es Salaam Zone) by the law firm namely Bridge Attorneys & Consultancy of Dar es Salaam.

The player has complained that the company used his image to advertise its services and products on social media platforms including Instagram, Facebook, and X (formally Twitter) without his consent.

According to the plaint, Mkude alleges that on July 12, 2023, he entered into a contract with Yanga and when preparing for matches with his new team, he realized that his images were used in commercial advertisements on the social media platforms.

“The advertisements were on the X, Instagram, and Facebook accounts of Mohamed Enterprises Limited (MeTL), which he was able to capture (screenshot) and save as his evidence,” the plaint prepared by his lawyer, Fredrick Augusti, said.

 He claims that on the same day, he began receiving numerous phone calls and messages from relatives, friends, fans, and his employer, congratulating him on the opportunity to feature in the advertisements and seeking a clarification on the matter.

Mkude also alleges that these publicly distributed posts were arranged, prepared, and disseminated without his permission or any personal involvement to allow his consent or allow the use of his image.

“By using the images of the plaintiff (Mkude) to promote its commercial activities and attract customers worldwide, it means MeTL was able to gain profits while exploiting the plaintiff and infringing on copyright,” the plaint stated.

“The defendant (MeTL)’s use of the plaintiff’s images not only violated his privacy, but also was illegal and interfered with his economic interests, his dignity, his privacy, the misuse of his name, and the deprivation of his rights,” Augusti said.

Mkude also complains that after his images were used without his permission, he has suffered economic and psychological damages for which he cannot find a cure without receiving the compensation of Sh1 billion for the infringement of the use of his images without his permission.

He also asks the court to declare that MeTL has violated his right to privacy, his economic rights, and his dignity and has interfered with his economic interests and the copyright of his image without his permission.

He also requests the court to order a temporary injunction to prevent MeTL from continuing to use his images and to order the company to pay 25 percent of the fee derived from the benefits it obtained starting from July 12, 2023, when it began to distribute its advertisements.