Paramount Investments Limited v. Cader – sllr 1986 volume 2 page 309

Brief
In the case between Paramount Investments Limited (plaintiff) and Cader (defendant), the court addressed whether a servitude of right of way created by notarial grant could be lost by mere non-use or abandonment. It was held that a notarially granted servitude cannot be extinguished solely by non-use or upon a finding of abandonment absent clear and intentional waiver. The principle reaffirmed is that for such rights constituted by notarial deed, the doctrine of non-user does not apply, and evidence of unequivocal intention to relinquish is required. This decision was based on Roman-Dutch law and particularly referenced the principles established by prior authorities interpreting the Prescription Ordinance, clarifying that statutory prescription does not act to extinguish notarial se