Eyani DeSilva vs W. Samson De Silva – CA 412/93 F -2014

The case between Eyani DeSilva (Substituted Plaintiff-Appellant) and W. Samson De Silva and others (Defendant-Respondents) addressed the issue of whether a partition action may be dismissed solely on the basis that its resolution involves determining matters of constructive trust and the doctrine of Fidecommissa. It was held that the existence of such issues does not preclude their consideration within the framework of a partition action. The principle reaffirmed is that partition proceedings are not to be dismissed merely because legal or equitable interests such as constructive trusts or fidecommissa may arise. The decision relied on the correct interpretation of procedural law governing partition actions, with an emphasis on ensuring fair process and access to adjudication of all relate