Ceylon Tobacco Company Limited vs. Palamandadige Lalitha Padmini Fernando – SC APPEAL 102/2009-2018

In the case between Palamandadige Lalitha Padmini Fernando (Plaintiff) and Ceylon Tobacco Company Limited (Defendant), the Supreme Court addressed the legal issue of when the cause of action arose for a claim of damages following a death allegedly caused by negligent or wrongful conduct, and whether the claim was time-barred by prescription. It was held that the right of action accrued only upon the death of the plaintiff’s husband, not upon the initial diagnosis of his illness. The principle reaffirmed is that, for Aquilian actions under Roman-Dutch law, a dependent’s cause of action for pecuniary loss resulting from a death arises at the time of death. Precedents and established legal doctrine were considered, with emphasis on the plaintiff’s right to pursue the claim within the statutor