Seyyadu Mohommaduge Razik vs Suleiman Adam Kandu and Abdul Hameed Mahamad Mihilar – SC APPEAL 89/2010-2018

In Seyyadu Mohommaduge Razik v. Suleiman Adam Kandu and Abdul Hameed Mahamad Mihilar, the court addressed the dispute of title and possession over a boutique room property. It was determined that the Plaintiff held valid title and exclusive entitlement to the property, while the 1st Defendant’s deed was found to be fraudulent and of no legal effect. The right of a co-owner to evict a trespasser was reaffirmed, including the Plaintiff’s entitlement to eject the 2nd Defendant. This outcome relied on established principles of property law, including the effect of fraudulent conveyances and the finality of adjudicated issues, emphasizing the necessity of consistency in judicial findings and giving effect to bona fide ownership.

S. Eva Wanasundera PCJ. — An extensive review established that t