De Kosta vs Wijesinghe – CA APPEAL NO.926/99-2013

In the case between W. David De Kosta (deceased) and others (Appellants) and D.D. Somapala Wijesinghe (Respondent), the court addressed the issue of whether the District Judge was correct in dismissing the plaintiff’s action to partition land, specifically considering recorded admissions regarding property identity and ownership, and the application of prescriptive rights among co-owners under Section 3 of the Prescription Ordinance. It was held that the District Judge failed to properly consider both critical admissions made by the defendants and the requirement for clear evidence of ouster or adverse possession among co-owners to establish prescription. This decision reaffirmed the principle that claims of prescription among co-owners demand strict proof of ouster, relying on statutory r