Dassanayake Mudiyanselage Antony vs Mohamed Saheed Mahomed Abdulla and others – SC Appeal 27/12-2025

In the matter of Dassanayake Mudiyanselage Antony vs Mohamed Saheed Mahomed Abdulla and others, the court addressed the issue of the interpretation of Section 66(1)(b) of the Primary Courts Procedure Act concerning evidence of a breach of peace and establishment of possession. The court held that the Court of Appeal erred in overturning the concurrent factual findings of the Primary Court and High Court, which had determined a lack of evidence for a breach of peace and proper possession under the Act. This decision reaffirmed the principle that appellate courts should exercise caution in interfering with a trial judge’s factual findings, emphasizing that documents like electricity bills and assessment rates do not conclusively establish possession in the context of a property sale.

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