Arumokam vs Tampaiya – clr volume 2 page 205_1

In Arumokam v. Tampaiya and others, the dispute concerned whether a local custom conferred exclusive fishing rights to the plaintiff in the waters off Trincomalee. The court considered if such a custom established a legal right and whether alleged forceful interference by the defendants entailed liability for damages. The findings established that the plaintiff failed to prove either the existence of the claimed exclusive right or specific wrongful prevention from drawing his net and landing the fish. Established legal principles were applied, including the doctrine that interference with fishing by force, proven to have caused loss, is actionable, while fair competition in open waters is permissible. Reliance was placed on Young v. Hichens, 2 Lorenz 115, and Vanderstraaten 247. It was hel