Bank of Ceylon v. A.C. Rajasingham – SC APPEAL 40/2014-2023

In the case between Bank of Ceylon (as plaintiff/appellant) and A.C. Rajasingham (as defendant/respondent), the court addressed the standard of proof required in rei vindicatio actions concerning the establishment of title to immovable property. It was held that the plaintiff is required to prove ownership on the balance of probabilities and that producing the title deed is sufficient to establish title, without the need to prove a complete chain of ownership. The principle reaffirmed is that such vindicatory claims are actions in rem, but plaintiffs are not subject to a heightened burden of proof distinct from other civil actions. The findings relied extensively on legal precedents and clarified that lower courts had erroneously imposed a stricter burden. The court thereby set aside previ

REF: SC APPEAL 40/2014-2023 Category: Tag:
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