Gnananathan v. Premawardane – sllr 1999 volume 3 page 301

In the case between Gnananathan (plaintiff-appellant) and Premawardane (defendant-respondent), the court addressed whether the defendant’s conduct amounted to nuisance under section 22(2)(d) of the Rent Act, and the procedural propriety of raising the defence of prescription after the commencement of evidence. It was held that nuisance is to be determined by the standard of an ordinary reasonable person and does not require demonstration of intention or mens rea based solely on statutory language. The findings established that the District Judge’s reliance on only positive evidence constituted a misdirection, and that the plea of prescription must be properly pleaded at the outset according to principles of procedural fairness. The appellate court allowed the appeal, set aside the District