Saramge Upul Wijayasiri de Alwis vs Rashdeen Casim et al. – SC APPEAL NO. 57/2014-2017

In the case between Saramge Upul Wijayasiri de Alwis (Plaintiff-Appellant) and Rashdeen Casim, P.R. Boran, T.T.N. Casim, and T.F. Boran (Defendant-Respondents), the Supreme Court addressed the issue of whether a party entitled solely to a right of way (without any soil right) is legally empowered to obstruct others from accessing the same route. The decision established that an individual with a mere right of way may use the road but lacks the authority to prevent others without such entitlement from its use. This holding reaffirmed the principle, as referred to in “Wille on Principles of South African Law,” that rights of way do not confer exclusive control or permission to exclude others unless expressly stipulated. Relying on both authoritative legal commentary and precedent, it was det