N. Thilakaratna vs Withanage Don Somaratne – CA NO.260/96-2014

In the case between N. Thilakaratna (Petitioner-Appellant) and W. Dona Ariyawathie, W. Dona Siriywathie, and Withanage Don Somaratne (Respondent-Respondents), the court addressed whether a second Probate could validly be issued relating to the estate of the late Alice Perera where a prior Probate had already been affirmed in related proceedings. It was held that a second Probate could not be granted for the same estate, reaffirming the principle that once Probate has been validly issued and affirmed on appeal, no further Probate may be granted concerning the same estate. The decision relied upon the procedural agreement between parties and the outcome of CA 25/94, emphasizing the preclusive effect of a prior Probate which rendered the current appeal redundant.

K. T. Chitrasiri J. — In co