L. Gunadasa vs A.P. Soma Dharmalatha – CA APPEAL NO: 259/97-2011

In the case between A.P. Soma Dharmalatha (Plaintiff-Respondent) and L. Gunadasa / 1A. Substituted Plaintiff-Appellant (Defendant-Appellant), the court addressed the issue of whether the defendant is entitled to a right of way over the plaintiff’s land, Lot D2, based on necessity. It was held that the existence of an alternative access route, even if less convenient, precludes the grant of a right of way by necessity. The principle reaffirmed is that the right of way by necessity does not arise if another means of access exists, regardless of convenience. Reliance was placed on established case law from both South African and Sri Lankan precedents, underscoring the requirement of strict necessity for the grant of such rights. The appeal was dismissed with costs, emphasizing that mere incon