Wimalawathie and Another vs. Dharmadasa – sllr 2020 volume 3 page 178

In Wimalawathie and Another v. Dharmadasa, the court examined whether the respondent could claim a right of way over the appellants’ land under section 69 of the Primary Courts’ Procedure Act after a granted road reservation was rendered inaccessible due to an earth slip in May 2003. The principal legal issue focused on whether the necessity of access justified a temporary servitude without meeting the 10-year continuous use requirement typically necessary for prescriptive rights. The appellate proceedings determined that, while a 10-year period of use was not established, evidence demonstrated necessity and continuous use since May 2003, substantiating a temporary right of way in favor of the respondent until further orders from a competent court. The appeal was dismissed, thereby maintai