P. Nevill Fernando vs Sanath Fernando – SC/APPEAL/180/2015-2024

Brief
In the case between Henry Fernando and others (appellants) and P. Vincent Fernando (respondent), the court addressed whether the Court of Appeal erred in setting aside the District Court’s judgment on the alleged ground that the subject land (the corpus) had not been properly identified. It was determined that introducing a new factual or mixed question of fact and law for the first time at the appellate stage—when such ground was not raised at trial—contravenes principles of finality and consistency in litigation. The Supreme Court restored the District Court’s judgment in favor of the appellants, emphasizing that parties must be consistent in their pleadings and that issues not raised at trial cannot be argued on appeal. The court relied on established procedural principles and cit