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