Lowe vs. Dahanayake and Another – sllr 2005 volume 2 page 413

The case between Lowe (Plaintiff) and Dahanayake and Another (Defendants) addressed the issue of entitlement to a right of way and the propriety of granting an interim injunction to restrain obstruction by the defendants. It was held that plaintiffs, who had exercised long-standing access over the roadway without soil rights held by the defendants, were entitled to an interim injunction, reaffirming the principle that only owners of the servient tenement may oppose the use of a right of way. The decision relied on principles regarding the acquisition of servitudes by agreement, Crown Grant, prescriptive possession, dedication, or statutory declaration, and clarified that interim civil relief does not conflict with prior orders made by the Primary Court. This reinforced the availability of