Evans, Robert & Marjorie Evans v Cable & Wireless Ja Ltd

Case Number: 
E 0 1 5/200
Date of Delivery: 
28.02.2005

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. E 0 1 51200 1

BETWEEN ROBERT EVANS 1 ST CLAIMANT

AND MARJORIE EVANS 2ND CLAIMANT

AND CABLE AND WIRELESS DEFENDANT

JAMAICA LIMITED

Paul Beswick and Terrence Ballantyne instructed by Ballantyne

Beswick & Co. for the Claimant

Dave Garcia and Nigel Jones instructed by Myers, Fletcher

& Gordon for the Defendant

Heard 22"d March, 2004 and 28th February, 2005

DUKHARAN J

In an amended Statement of Claim the Claimants' claim is against the Defendant

to recover damages for trespass to land. They also seek an order for an assessment of

aggravated and exemplary damages from the Defendant as well as the removal of the

Defendant's telephone access line on the Claimants' land.

The Claimants are the joint owners of land situated at No. 1 Aylsham Heights,

Kingston 8, in the parish of St. Andrew. Sometime in January 2000 they discovered a

telephone line originating from the bottom of Eman Avenue, Kingston 8 and crossing the

boundary of their property. This telephone line terminated into several squatter houses

on the Claimants' land. This line was installed by the Defendant on the Claimants' land

for the purpose of providing commercial telephone served to squatters on the Claimants'

land and was done without consent or approval of the Claimants.

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