Galison Dodwell Jayasuriya Weliamuna v. Vijayamuni Kaluhami et al. – C A PHC/APN 99/2015-2017

In the case between Galison Dodwell Jayasuriya Weliamuna (Petitioner) and Vijayamuni Kaluhami, Peduru Arachchige Kalyanawathie, Nammuni Arachchige Lili, among others (Respondents), the central issue concerned whether the Respondents were legally entitled to use a roadway crossing the Petitioner’s coconut land. The court determined that the mere existence and historical use of a roadway do not establish a legal right of way, especially where alternative access exists and must be properly established under section 69(1) of the Primary Courts Procedure Act. The decision reaffirmed the principle that those asserting such a right bear the burden of proving entitlement and credibility of their claim, in line with the reasoning established in Ramalingam v Thangarajah. It was emphasized that relia