Abekoon Mudiyanselage Seelawathie Kumarihamy vs. Galakumburegedara Wijerathna – SC APPEAL 141/2012-2024

In the case between Abekoon Mudiyanselage Seelawathie Kumarihamy (Plaintiff/Appellant, represented by her Power of Attorney, Yapa Mudiyanselage Chandana Yapa Bandara) and Galakumburegedara Wijerathna (Defendant/Respondent), the court addressed the legal issue of whether the Plaintiff sufficiently identified the land in dispute and established title in a rei vindicatio action, as well as the validity of the Defendant’s claim based on prescriptive rights and license. It was held that the Plaintiff had clearly identified the subject land and that the dismissal of the action on the basis of non-identification was erroneous. The principle reaffirmed was that a party seeking rei vindicatio must prove identification of the property, supported by relevant case law, including Wanigaratne v. Juwanis