Judgement

Appeal (No. 4 of 1923) from a decree of the High Court in its appellate jurisdiction (April 4, 1925) reversing a decree of the Court in its original jurisdiction (July 8, 1924).

The suit was brought in the High Court by Leon Shain Sway against M. E. Moolla & Sons, Ld., but owing to devolutions of title after the appeal to the High Court the present parties were substituted.

The plaintiff alleged by his plaint that the upper part of a creek communicating with a tidal river was a public waterway, and that the defendants had wrongfully placed piles so as to obstruct his user of it for the purpose of floating logs to his saw-mill on land adjoining the creek. He claimed an order for the removal of the piles, an injunction and damages. The claim to damages was not proceeded with.

The facts appear from the judgment of the Judicial Committee.

The trial judge (Beasley J.) dismissed the suit, holding that the upper creek was not a public waterway.

On appeal the decision was reversed by Robinson C.J. and Maung Gyi J., and a decree made directing the removal of the piles and granting an injunction.

1929. Dec. 2, 4, 5. Dunne K.C. and R. W. Leach for the appellants. It was Laid down by