Odiris Pathirana vs W James – CA 923//96 F-2011

The case between Odiris Pathirana (Plaintiff-Appellant) and W James and K P Alis (Defendants-Respondents) concerned the entitlement to a declaration of title and ejectment regarding Lot 1 in Plan No. 2772. It was determined that the plaintiff failed to prove lawful ownership and the defendants established ownership by prescription through evidence of continuous possession. The principle reaffirmed is that appellate courts will not interfere with findings of fact based on witness credibility unless there has been a miscarriage of justice. This decision relied on evidence evaluation and the principle that prescriptive possession confers ownership under relevant statutes, underscoring that appellate intervention requires demonstrable error in fact-finding or the miscarriage of justice at tria

REF: CA 923//96 F-2011 Category: Tag:
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