Mobile Phone Company, DIGICEL have had their application for interim injunction dismissed against Dickson International Trading Company to stop unlocking phones of customers who were under contract with Digicel.

This court decision has been made pending the final determination of the matter.

The interim injunction was to stop Dickson from inducing, persuading and procuring the Digicel customers to break their contracts by unlocking their mobile phone handsets and replacing Digicel GSM Sim cards with Vodafone GSM Sim cards.  

After studying affidavits from Digicel and Dickson, Lautoka High Court Judge, Justice Sosefo Inoke ruled that Digicel does not have copyright in the factory installed locking program, it does not have any other special property rights and it does not own the mobiles sold to its customers adding that its rights are purely contractual and he thinks damages are adequate remedy, saying on this basis alone, it is not entitled to an interim injunction.

Justice Inoke also revoked a judgment in default of defense which was entered on November 2nd.

The Lautoka High Court Judge said Dickson has the right to defend and has been given till March 1st next year to file a defense allowing the matter to take its normal course from then on and he also ordered that Digicel pay for Dickson's court costs of $800 within 14 days.