Kingston Telecom Ltd v Zion Dahari, etal

IN THE SUPEME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. HCV 200312433

BETWEEN KINGSTON TELECOM LIMITED CLAIMANT

A N D ZION DAHARl lST DEFENDANT

A N D RAHUL SINGH 2ND DEFENDANT

A N D COMMONWEALTH

COMMUNICATIONS 3m DEFENDANT

A N D OCEAN PETROLEUM INC. 3m INTERVENER

Arthur Williams instructed by Messrs. Brady & Co. for claimant.

Winston Spaulding instructed by Jean Barnes for 2nd and 3"' defendants and 3d

party intervener.

Hilary Phillips, Q.C. and Andrea Bickhoff-Benjamin instructed by Grant Stewart

Phillips & Co. for 4th party intervener.

Conrad George watching proceedings for National Commercial Bank.

Richard Linhart present, representing himself and the znd and 3"' defendant and 3"'

party intervener.

Marc Diamond and Errol Taylor, Directors of the claimants present.

Heard: 13" April, lltha nd 28" July 2005 and 1 7M~av 2006

Campbell. J.

Background

(1) Kingston Telecom (the claimant) commenced by Writ an action for breach of contract

against the defendants in December 2003. The claimant is a limited liability company

incorporated in or about May, 2002 for the purposes of establishing and operating a full services

telecommunications network in Jamaica. On the 1 7D~ec ember, Mr. Justice Marsh granted a