Read the full judgment text of CACV 000230/2009 on BabelCite. This Court of Appeal judgment was delivered on 21 April 2010.
1. This was an appeal from a judgment of Mr Recorder A. Chan SC given on 21 August 2009. In the action the plaintiff claimed an injunction to restrain the defendants from interfering with the claimed right of way (which has been termed “the Disputed Way”) over the defendants’ parcel of land (“Land B”), which is adjacent to the plaintiff’s land (“Land A”). The defendants, for their part, claimed a declaration that the plaintiff was not entitled to a right of way and injunctions to prevent the pla