JUDGMENT OF THE COURT
On the 9th day of October, 1996, the superior court (Khamoni, J.) declined to grant to the appellant (plaintiff in the superior court) an injunction to restrain the respondent from denying the appellant "his right of way" and from digging a road on a disputed property until the determination of the suit in the superior court or until further orders. The appellant has appealed to this court and seeks reversal of the learned judge's orders.
According to the plaint filed in the superior court on 5th June, 1995 the appellant, the respondent had, allegedly on 26th April, 1995 dug a 20 meter trench along the middle of the appellant's road making it impossible for the appellant to pass the same either by road or car. The appellant pleaded (in the plaint) that the road in question passes through some two and a half acres of land which land is the subject-matter of the dispute between the parties in H.C.C.C. No. 1210 of 1994(O.S).
It is common ground that the disputed piece …