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