GalgamuwaKankanamlage Malani and GalgamuwaKankanamlage Sarath Dharmasiri vs. Habaragamuwage Dickson PeirisThilakapala – SC APPEAL NO. 58/14-2017

In the case between Habaragamuwage Dickson Peiris Thilakapala and Galgamuwa Kankanamlage Malani and Galgamuwa Kankanamlage Sarath Dharmasiri, the court addressed whether the Plaintiff-Respondent was entitled to a roadway (servitude) over the Defendant-Appellants’ land on the grounds of necessity. It was determined that despite suggestions of an alternative route, the Plaintiff-Respondent lacked reasonable access, warranting the grant of a ten feet wide roadway. The ruling reaffirmed the legal principle that a right of way on grounds of necessity is justified where no reasonable alternative exists, relying on established precedents and survey evidence. The impact of the decision affirms the scope of servitudinal rights where necessity and absence of reasonable alternatives are proven.

SISI