Dharmadasa vs Ebert – SC APPEAL NO. 117/2012-2017

In the case between Manawaduge Ebert (Plaintiff-Respondent) and Walpita Gamage Dharmadasa alias Berty de Silva alias Berty Silva (Defendant-Appellant), the court addressed whether the execution of Deed No.6261 (P1) constituted a genuine transfer of property or served merely as security for a loan, and whether a subsequent non-notarial document (V1) could be used to establish a constructive trust. It was held that the Defendant-Appellant’s argument—alleging the deed was executed solely as security—was not supported by evidence, and the Court of Appeal was correct in its interpretation. The court reaffirmed the principle that extrinsic evidence may be admissible to establish a constructive trust notwithstanding the Prevention of Frauds Ordinance and the Evidence Ordinance. Reliance was place