Daya Jayaratne vs Musafar Estate alias Ebert Silva Estate – SC APPEAL 105/2013-2013

Brief
In the case between Daya Jayaratne (née Agampodi Silva) and Singha Arachchige Ajith Thilaksiri, Weerasinghe Mudiyanselage Dayawathie, and others, the court addressed the issue of whether the joinder of 47 defendants in a single action for declaration of title and ejectment constituted a misjoinder of parties and causes of action, and whether any of the defendants had acquired title by prescription. It was held that adjudication could not proceed as a single, unified action due to the fragmented and independent nature of the defendants’ claims, and the Plaintiff’s failure to prove concerted action among them. The principle reaffirmed is that under the Civil Procedure Code, separate issues should not be amalgamated unless clear, joint action or interest is established, and where eviden