Rygamage Dona Kamalawathie vs Godakawela Kankanamge Sirisena – SC APPEAL 83/2012-2014

In the case between Rygamage Dona Kamalawathie (Plaintiff-Appellant-Appellant) and Godakawela Kankanamge Sirisena (Defendant-Respondent), the court addressed the issue of entitlement to a right of way over the respondent’s land, specifically examining whether prescription and necessity established a legal right to a roadway wider than three feet. The court held that the appellant had acquired a prescriptive right of way for a 3-foot wide path, based on evidence of continuous and uninterrupted use since 1983, and set aside prior lower court judgments that had denied this right. This decision reaffirmed the principle that a right of way can be established through prescription and necessity, especially where no alternative access exists, drawing upon the evidentiary standards required to prov