HUNTER & CO. LTD VS. DELMAGE FORSYTH & CO. LTD.

HUNTER & CO. LTD
VS.
DELMAGE FORSYTH & CO. LTD.

COURT OF APPEAL
A.H.M.D. NAWAZ, J.
CA 411/97(F)
DC COLOMBO 14792/MR
MARCH 20, 2015
JULY 22, 2015.

Servitude - Right of an upper tenement to discharge water into a lower tenement - Rain water- Waste water- Jus fluminis/Servitus fluminis reepiendi - Roman Dutch Law Principle? - Actio acquae pluviae arcendae - Natural Loci - Lex - Vetustas - Natural flow of water - Sic utere tuo ut alienum non laedos.

The Plaintiff sought an injunction restraining the Defendant from discharging sewage of other noxious matter or water in excess of the water flow of the Defendant's upper land to the Plaintiffs land.

The Defendant denying the position taken up by the Plaintiff, contended that, due to the situation of the land and the gradient thereof, the natural flow of the rainwater of the Defendant's land is the through the Plaintiff's land and the Defendant has the right to discharge the rainwater through the Plaintiff's land - and the Defendant has been discharging rainwater as far back as 1906 - and in any event the Defendant has acquired by prescription the right by reason of long use wi

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