Phillip Azar v Mossel Limited

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

SUIT 2003 HCV 2476

BETWEEN PHILLIP AZAR CLAIMANTIAPPLICANT

AND MOSSEL LIMITED DEFENDANTIRESPONDENT

(Trading as Digicel)

Mr. Crafton S. Miller & Miss Suzette Wolfe

instructed by Crafton S. Miller & Co. for Applicant.

Mr. Maurice Manning and Miss Ayana Thomas

instructed by Nunes Scholefield DeLeon & Co. for Respondent.

Application for Interim Injunction

Heard 9" and 1 4J~an~ua ry. 2004

Coram: Brooks, J.

The cellular telephone is an increasingly ubiquitous manifestation of

life in these early years of the twenty-first century. It no doubt is a symbol

of technological advancement in this age. It brings with it the freedom to

1

C; communicate with others while on the move, without the restrictions of the

wires of what is now called the "plain old telephone system".

These advances however bring with them questions as to whether they

also present risks to human health. Mr. Phillip Azar is of the view that the

Radio Frequency Radiation (RFR) emitted as an integral part of the cellular

phone system is potentially dangerous to his health and that of his family.

He therefore has sued, Mossel Limited, trading as 'Digicel', seeking to have