David Wanniarachchi v. Jayaweera Gamaathiralalage Brahmanawatte Linton Jaayaweera – CA PHC 196/2007-2007

In the case between David Wanniarachchi and Ambagahage Watte Ganga Addara Gunarathne Menike (2nd and 3rd Party Respondents-Appellants) and Jayaweera Gamaathiralalage Brahmanawatte Linton Jaayaweera (1st Party Petitioner-Respondent), the court addressed the issue of entitlement to a right of way and its extent, following alleged obstruction by the Respondents-Appellants. The appellate court held that the 1st Party Petitioner-Respondent was entitled to a 9-foot-wide right of way over the disputed land, reaffirming the principle that such rights, where evidenced by continued use, are recognized as servitudes under the Primary Court Procedure Act. Reliance was placed on section 69 of the Act and the authority of Ramalingam v Thangaraja, emphasizing that the right to a pathway is determined bas