S.C.B. Jayasinghe and others vs. Kajima Corporation and others – SC CHC Appeal 104/2018-2025

The case between C.A & Co. and Kajima Kumagai Hazama Joint Venture (KKH) and Ceylon Electricity Board (CEB) addressed whether Rs. 68 million was due from CEB to KKH for construction work performed by the Plaintiffs, and if KKH was unjustly enriched by refusing to pay the Plaintiffs Rs. 55 million. The court held that the Plaintiffs failed to establish their claims of unjust enrichment or dishonest misappropriation/fraud on a balance of probability, and could not invoke the presumption of adverse inference against the Defendants due to insufficient foundational evidence, reaffirming the principle that claims require substantial documentary proof. This decision relied on the principles governing evidence, particularly Section 114 illustration (f) of the Evidence Ordinance, emphasizing that t