Gunasekera Vs Wickremasinghe – sllr 2005 volume 1 page 390

In the case between Gunasekera (plaintiff appellant) and Wickremasinghe (defendant respondent), the court addressed whether the cause of action for setting aside a conditional transfer deed based on laesio enormis was time-barred under the Prescription Ordinance. It was held that the claim was founded on the principle of laesio enormis, not a contract of sale, and therefore subject to the three-year limitation period under Section 10 of the Prescription Ordinance. The decision reaffirmed that when a cause of action is grounded in laesio enormis, the relevant prescription provisions must be applied, and not those relating to contracts of sale or immovable property. The appeal was accordingly dismissed with costs.

Andrew Somawansa, J., P/CA — The findings established that the cause of acti