Wasantha vs. Premawathie and Others – sllr 2021 volume 2 page 520

Brief
In the case between Wasantha and Premawathie and others, the court addressed the issue of the requisite standard of proof in rei vindicatio actions and the extent to which a plaintiff must establish an unbroken chain of title to prevail over a defendant’s claim based on prescription. It was held that proof of title on a balance of probabilities, rather than beyond a reasonable doubt, suffices in a rei vindicatio action and that strict proof of a continuous title chain is not necessary if the evidence shows “sufficient” or “superior title.” Reference was made to relevant case law clarifying that a plaintiff’s claim does not fail merely due to gaps in the evidentiary chain, whereas the defendant’s prescriptive claim requires compelling evidence of exclusive possession. The appeal was d