Faith Soysa v. Brian Michael Francis Muller Pereira – SC APPEAL 13/2018-2020

In the case between Faith Soysa (deceased, substituted by Wahala Thanthrige Dayananda Rupasoma Perera) and Brian Michael Francis Muller Pereira, the court addressed the issue of whether the Plaintiff had the requisite mental and physical capacity (compos mentis) to execute Deed No. 104 and Deed No. 105 on 20.07.1992, thereby effectively transferring or gifting an undivided ½ share of property. The court held that the Plaintiff lacked the necessary capacity at the time of execution, and there was no consensus ad idem to establish a valid contract, thus rendering the deeds void. This outcome reaffirmed the principle that mental incapacity negates the validity of contractual acts, particularly when supported by uncontroverted expert medical evidence concerning the party’s condition at the rel