M.M.A. Moomin Vs. S. Nazeer – CA PHC 63/2008-2008

The case between M.M.A. Moomin and S. Nazeer concerned the right of way over a passage adjoining their respective properties. The central legal issue addressed was whether the High Court’s exercise of revisionary jurisdiction, overturning the Primary Court’s dismissal of the right of way application, was appropriate in the absence of exceptional circumstances. The court held that the High Court’s order was improperly granted, affirming the principle that revisionary remedies are extraordinary and require strict justification, particularly the absence of alternative remedies and the presence of exceptional circumstances. This decision relied on precedents such as Devi Property Development (Pvt) Ltd v. Lanka Medical (Pvt) Ltd and Kanakalingam v. Jeatheswaran. The outcome emphasized careful j