Rodrigo vs. Celsia Fernando and Another – sllr 2021 volume 1 page 075

In Rodrigo vs. Celsia Fernando and Another, the dispute centered on whether the Plaintiffs (appellant-respondents), original or subsequent owners of Lots 1 and 2 in a partitioned property, could restrain the Defendant (respondent-appellant), owner of Lot 3, from using a roadway comprised of Lots 4 and 5 as shown in Plan No. 1177. The primary legal issue concerned the Plaintiffs’ entitlement to an interim injunction based on the strength of their claim, the balance of convenience, and requirements for equitable relief. The District Court initially refused the injunction for want of a strong prima facie case and substantial evidence of irreparable harm. The Provincial High Court reversed this, granting the injunction; however, the Supreme Court examined the issues including jurisdiction and

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