Cable & Wireless Ja Ltd (Trade as Lime), Oceanic Digital Jamaica Limited (Trading as Claro) v Digicel (Jamaica) Ltd.

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. 2009lHCV 00036

BETWEEN CABLE AND WIRELESS JAMAICA lSCt LAIMANT

LTD. (trading as Lime)

AND OCEANIC DIGITAL JAMAICA 2ND CLAIMANT

LIMITED (trading as Claro)

AND DIGICEL (JAMAICA) LTD. DEFENDANT

Mr. Gordon Robinson and Ms. Avrine Bernard instructed by Brady & Co. for the

2nd Claimant.

Mr. Paul Beswick, instructed by Ballantyne, Beswick & Co. for Defendant.

Mrs. Denise Kitson instructed by Grant Stewart Phillips & Co. for the lSCt laimant.

Heard: 26 April, 7th, 9th June 2010.

Mangatal, J:

1. On February 11, 2010, Anderson J. made an order dismissing an application by

the Defendant Digicel for an order to set aside the joinder of the 2nd Claimant

Claro to this Claim.

2. On February 19, 2010, the Defendant filed an application seeking the following

order:

a. That the 2nd Claimant's claim be struck out pursuant to Rule 26.3 of the

Civil Procedure Rules 2002 "the C.P.R.".

b. Further or alternatively, that summary judgment pursuant to Rule 15.6 of

the C.P.R. be entered in favour of the Defendant against the 2nd Claimant.

3. On March 24, 2010, the Defendant filed an Appeal which includes an appeal by

the Defendant against Justice Anderson's order refusing to set aside an order

joining the 2nd Claimant.