K.L.D. Dawith vs K.L. Babynona – CA 1117/98 F -2013

In the case between K.L.D. Dawith (Plaintiff-Respondent) and K.L. Babynona (Defendant-Appellant, by 2A Substituted Defendant-Appellant), the court addressed the issue of entitlement to a specific parcel of land described in the plaint. It was held that the Plaintiff-Respondent had established lawful claim and entitlement to the land in question, while the Defendant-Appellant’s assertions related to a different property and lacked evidentiary support. The principle reaffirmed was that entitlement to land must be proved by clear identification and corroborative documentary evidence, such as survey plans, and that possession claims must be substantiated. This decision relied on the evaluation of evidence and the weight accorded to survey plans, emphasizing that unfounded challenges to clear p