Gothamadattawa Weerasinghe vs. Epitawalage Eron Singho and B.T.P Rajakaruna – CA 509/97 F -2023

In the case between Gothamadattawa Weerasinghe, Vijitha Weerasinghe, Gladys Augusta Weerasinghe nee Boralessa (among others) and Epitawalage Eron Singho, B.T.P. Rajakaruna, the Court addressed the issue of the validity of a deed of gift executed by C.H. Weerasinghe, who was adjudicated as being of unsound mind. It was held that the deed was void due to insufficient evidence establishing a lucid interval or a recovery from unsoundness, emphasizing the presumption of continued incapacity following judicial adjudication. The judgment reaffirmed that, under Roman-Dutch law, the burden rests on the party asserting validity to demonstrate mental capacity at the material time. This determination relied on the absence of convincing evidence to rebut the presumption of incapacity, underscoring that