Fernando v. Wickremasinghe – sllr 1998 volume 3 page 037

In the case between Fernando (plaintiff-respondent) and Wickremasinghe (defendant-petitioner), the court addressed the issue of whether an interim injunction restraining the use of a roadway over certain land lots was properly granted, considering the existence of legal rights over road reservations and the doctrine of praedial servitude. It was held that the plaintiff-respondent established a prima facie case and that the balance of convenience favored maintaining the injunction to preserve the status quo pending trial. The legal principles applied included the sequential assessment of prima facie rights and balance of convenience, as articulated in previous case law and deed covenants. This decision reaffirmed that an injunction may be upheld where a serious triable issue exists and wher