Hettiarachchige Kusumalatha vs Ranawaka Arachchige Brigette Alwis – SC APPEAL.243/14-2017

In the case between Ranawaka Arachchige Brigette Alwis (Plaintiff) and Hettiarachchige Kusumalatha (Defendant/Substituted Defendant), the court addressed whether a promissory note represented a loan or merely served as security or advance payment for a proposed purchase of a house. It was determined that the plaintiff’s position, asserting the sum was advanced as a loan, prevailed based on the credibility of the evidence and the absence of a sale agreement. The findings established that the District Judge’s conclusions warranted deference, leading to the dismissal of the appeal without an order for costs. The decision reaffirms the principle that primary factual findings of the trial court will not be disturbed unless plainly erroneous, emphasizing the centrality of reliable oral and docum