Karmini Chandraleka Weerasinghe vs. Gawaripihille Gedara Harrey and others – SC Appeal No: 61/2013-2025

In the matter between the Plaintiff-Respondent-Appellant and the 3rd Defendant, the court addressed the issue of the identification of the corpus in partition proceedings. The court held that the 3rd Defendant, having participated in surveys and not challenged the corpus identification at trial, was estopped from raising this issue on appeal. The decision reaffirmed the principle that extensive public notice in partition actions serves to identify the land and alert all interested parties. This decision relied on the nature of ‘action in rem’ proceedings, emphasizing that the absence of objections from adjoining landowners supported the identification of the land. The key takeaway is that procedural participation and public notice are crucial for establishing the identity of the corpus in

REF: SC Appeal No: 61/2013-2025 Category: Tag:
Scroll to Top