Facts:

The appellant as plaintiff in the trial Court via a writ of summons sued the respondent on the ground that it used her pictures on billboards in Abeokuta and Akure for promotional purposes without her consent. The respondent maintained that the pictures where supplied to it by Virtual Media Network Limited in pursuance of a Channel License Agreement.

In its decision, the trial Court held that the respondent’s use of the appellant’s image was not a violation of the appellant’s right under the Copyright Act or the tort of passing off and dismissed the suit.

Dissatisfied, the appellant appealed to the Court of Appeal.