Bambarawana Liyanagamage Dayawahie vs Magage Nimal Dias – SC APPEAL NO. 80/2011-2011

In the case between Bambarawana Liyanagamage Dayawahie alias Daya Abeyawicasrama (Substituted Plaintiff-Respondent-Appellant) and Magage Nimal Dias, Magage Kumara Ranjith Dias, among other Defendants (Appellants-Respondents), the court addressed the issue of the validity and enforceability of a right of way acquired by deed, specifically whether non-use constitutes abandonment under Roman-Dutch Law. It was held that mere non-use does not amount to abandonment unless it is both deliberate and continuous, reaffirming the principle that rights of way established by deed are not extinguished absent clear evidence of intentional and sustained abandonment. This decision relied on established case precedents and statutory principles, emphasizing that rights of way remain enforceable unless the le