Ranasinghe V Somawathie and Others – sllr 2004 volume 2 page 154

In the case between Ranasinghe (Plaintiff-Appellant) and Somawathie and others (Defendant-Respondents), the court addressed the issue of whether a right of way of necessity existed in favor of the appellant, and whether an unpleaded issue of prescriptive acquisition of such right could be introduced mid-trial. It was held that a party cannot vary the basis of its claim at trial from what was pleaded, particularly where the new issue is fact-dependent and unsupported by earlier pleadings. The findings established that the appellant’s own evidence invalidated the claim of necessity, and the District Judge’s dismissal of the action was affirmed. Reliance was placed on established case law and procedural principles requiring material issues to be pleaded prior to trial. The appeal was dismisse