K. K. Karunadasa vs Jinadasa Subasinghe – CA NO.1172/98-2014

In the case between Dhanwathie Subasinghe and others (Substituted-Plaintiff-Respondents, succeeding Jinadasa Subasinghe) and K. K. Karunadasa (Defendant-Appellant), the court addressed whether a holder of a right of way servitude, without soil rights, may exclusively prevent others from using the same roadway. It was determined that a servitude holder is entitled only to unobstructed use of the right of way, without the authority to exclude other users, unless soil rights are held. The principles governing actio confessoria (to protect servitude) and actio negatoria (to exclude servitudes or others) were reaffirmed, with actio negatoria available solely to those with soil rights. Reliance was placed on established South African and Sri Lankan authorities, emphasizing that servitude holders