Alfred Fernando v. Julian Fernando – sllr 1987 volume 2 page 078

The case between Alfred Fernando (Plaintiff) and Julian Fernando (Defendant) addressed the issue of whether a co-owner may sue another co-owner for the definition of boundaries and the requirements for establishing such a boundary. The court held that while such an action is maintainable, the plaintiff must establish convincing evidence of a pre-existing physical boundary, and the decree will not necessarily bind other co-owners. The findings established that the evidentiary deficiencies in the survey plans and the failure to prove an existing boundary rendered the plaintiff’s case insufficient for relief. The principle was reaffirmed that the burden rests on the plaintiff to strictly prove the existence and location of the claimed boundary, and that an action for boundary definition canno