Wijeyakoon v. Wijeyakoon – sllr 1986 volume 2 page 325

In Wijekoon v. Wijekoon, a dispute arose within the Wijekoon family concerning the title to specific land and premises. The plaintiff-appellant sought a declaration of title, ejection of the defendant, and damages, whereas the defendant-respondent asserted an existing interest in the land through continuous occupation since 5.3.77. The principal legal questions centered on whether a unilaterally executed deed of rectification could bind non-executing parties, and the standard for admitting fresh evidence at the appellate stage when such evidence could have been earlier introduced with reasonable diligence. It was held that a deed of rectification executed by only one party cannot affect the rights of non-executants, such as Arthur Wijekoon or his successors, and that appellate courts will