Shabbir Abbasbhoy Gulamhussein and others vs M.D.C. Tennekoon Gunasena – CA LTA/0234/1999-2024

In the case between Shabbir Abbasbhoy Gulamhussein, Khuzaima Taivabbhai Gulamhussein, and Trustees of the “M. Adamjee Family Trust” (Plaintiff-Appellants) and M.D.C. Tennekoon Gunasena and others (Defendant-Respondents), the court addressed the entitlement to an interim injunction concerning an alleged right of way over a disputed road reservation. It was held that the Appellants were not entitled to such relief, as the evidence indicated the road reservation provided direct access only to the Respondents’ land, and the Appellants already retained alternative access. The decision reaffirmed that suppression of material facts and changes in property rights undermine equitable relief, relying on relevant case law and statutory principles. The outcome emphasized that the balance of convenienc