O.R. Wimalawathie vs Hangamuwa Rdhage Dharmadasa – CA PHC 0123/2008-2020

The case between Hangamuwa Rdhage Dharmadasa and O.R. Wimalawathie with H.R. Ananda addressed the issue of entitlement to use a disputed 4-foot roadway under Section 69 of the Primary Courts’ Procedure Act. It was held that the Petitioner-Petitioner-Respondent (Dharmadasa) is permitted to temporarily use the roadway where necessity is proven due to destroyed legal access, without requiring proof of 10-year prescriptive use. The principle reaffirmed is that under the Primary Courts’ Procedure Act, a temporary “way of necessity” may be established without prescription if the evidence demonstrates that there is no practical alternate right of way. This decision relied on statutory interpretation and relevant precedents, underscoring that the Act is designed to prevent breaches of the peace an