Hylton,Charlton v Centennial Digital Jamaica Ltd

Case Number: 
166 OF 2002
Date of Delivery: 
11.04.2002

IN THE SUPREME COURT OF JLTDICATLRE OFJAMAICA
IN EQUITY
SUIT NO. 166 OF 2002
BETWEEN CHARLTON HYLTON PLAINTIFF
AND CENTENNIAL DIGITAL JAMAICA LIMITED DEFENDANT
Mr. Ian Wilkinson and Miss Shawn Steadman for Plaintiff
Mr. Harold Brady for Defendant
Heard: April 3,4and April 11,2002
Sykes J (Ag)
It is 2002. Cellular telephones are ubiquitous. They are in the hands of princes and
paupers. The market appears to be lucrative. The defendant (a registered company in
Jamaica), one of three cellular service providers in Jamaica, wishes to erect a tower on
property adjoining the plaintiffs dwelling house where he lives with his wife and two
children. The defendant says that he is doing this pursuant to a licence granted to him by
the Minister of Industry, Commerce and Technology. The defendant obtained permission
from the relevant authorities to erect the tower and commenced construction of the tower.
Apparently the construction of the tower is noisy and produces dust. The plaintiff seeks
to put a stop to the construction activity not only because of the dust and noise but
primarily because the plaintiff believes that the tower will emit radiation that may be
harmfbl to him and his family.

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