Kuruwitage Don Preethi Anura vs. Makalandage William Silva – SC LA 116/2014-2017

In the case between Kuruwitage Don Preethi Anura (and successors in title) and Makalandage William Silva and Makalandage Gnanathilake, the court addressed the issue of whether the Plaintiff had established title to the disputed land in a rei vindicatio action. It was determined that the Plaintiff’s documentary and oral evidence including the last will, executor’s conveyance, and statutory determinations, sufficed to establish title despite questions surrounding the absence of letters of Probate. The principle reaffirmed is that in rei vindicatio proceedings, the burden lies on the claimant to prove title on a balance of all documentary and oral materials presented. Reference was made to established legal requirements regarding probate and testamentary documentation, with the outcome emphas