Needham, Erica Allen v Fiona Clarke & Charmaine Senior

IN THE SUPREME COURT OF JLIDICATLIRE OF JAMAICA

CIVIL DIVISION

CLAIM NO HCV 085212006

BETWEEN

AND

AND

ERICA ALLEN NEEDHAM FIRST CLAIMANT

FIONA CLARKE SECOND CLAIMANT

CHARMAINE SENIOR DEFENDANT

:IN CHAMBERS

Mr. Crafton Miller and Miss Stephanie Orr instructed by Crafton Miller and Company

for the claimants

C1 Defendant absent and not represented

March 16,17 and 24,2006

EX PARTE APPLICATION FOR INJUNCTION, PRIVATE NUISANCE AND TORT OF

HARASSMENT

SYKES J

1. Mrs. Erica Allen-Needham, first claimant, is the registered proprietor of the house where

she lives in the parish of St. Andrew. Mrs. Fiona Clarke, the second claimant, lives in a studio

at the same premises. Mrs. Clarke does not have known proprietary interest in the property

and neither does she have or is entitled to exclusive possession. Mrs. Erica Allen-Needham is

C the mother of Mrs. Fiona Clarke. They have come to this court seeking an injunction to

protect them from telephone calls Ms. Charmaine Senior, the defendant, made to the

telephone number assigned to Mrs. Clarke on February 21, 22 and 23, 2006. The telephone

is at the house where both claimants live. These telephone calls are the latest episode in a

fifteen year saga during which Ms. Senior has been bothering Mrs. Allen-Needham. Mrs.

Clarke does not appear to be the target of Ms. Senior's obsession.

2. -The claimants seek an interim injunction in the following terms:

The defendant by herself or by her agent or whosoever on her instruction be restrained

from

i. harassing, molesting, threatening, pestering, assaulting or otherwise interfering

with the Claimants;