Somawathie and Others vs. Illangakoon – sllr 2013 volume 1 page 094

In the case between Somawathie and Others (plaintiffs) and Illangakoon (defendant), the court addressed the issue of whether the plaintiff’s action, styled as one for the definition of boundaries, was properly constituted in law. It was held that an action for the definition of boundaries requires a clear averment of a pre-existing, ascertainable common boundary and evidence that such boundary had been subsequently obscured or obliterated. The court determined that the plaintiffs’ claim, lacking such necessary averments, amounted to an improper attempt to resolve a dispute over title under the guise of a boundary action. Relying on established Roman Dutch Law principles (actio finium regundorum), the decision underscores the requirement that boundary definition actions must not be used to