Mohamed Aliyar Abdul Gaffoor vs Soma Attanayake – 1277/99 F -2016

In the case between Mohamed Aliyar Abdul Gaffoor (plaintiff) and Soma Attanayake (defendant), with Srimathi Malkanthi Karunanayake as the substituted-defendant-appellant, the court addressed the entitlement to a servitude right of way over a 12-foot-wide roadway situated between the parties’ properties. It was held that the defendant did not establish exclusive rights or prescriptive title to the roadway and was not entitled to damages for its use by the plaintiff. The key principle reaffirmed was that a right of way may arise from the express terms of a deed where it provides for use by heirs and assigns of the transferor, and clear evidence is required to establish exclusivity or prescriptive acquisition. Reliance was placed on factual findings regarding usage patterns, interpretation of