Hewagarusinge Sugathadasa et al. vs. Wijayamunige Anulawathi et al. – CA PHC 45/2011-2011

In the case between Hewagarusinge Sugathadasa, Rajapurage Dharmasiri, Rajapurage Kularatne (Appellants) and Wijayamunige Anulawathi, Wijayamunige Sisira Senarathne (Respondents), the court addressed the issue of whether the Appellants possessed a legal right of way over land co-owned by one of the Respondents or were restricted to access via an alternative road. It was held that the Appellants had not established a right of way over the disputed land, and the absence of a site inspection did not undermine the Magistrate’s findings. The appellate review confirmed that proceedings under the Primary Courts Procedure Act are provisional and directed at preserving the peace, rather than determining substantive rights of title or permanent easements. Reliance was placed on precedents concerning