P.U.Kumarapperuma v. K A Mary Grace and Municipal Commissioner – CA 1247/96 F-1996

In P.U. Kumarapperuma v. K A Mary Grace and Municipal Commissioner, Kandy, the court addressed the entitlement of the 1st defendant to a right of way (servitude) claimed over the plaintiff’s land and whether such right had been acquired by prescription. The court held that the trial court failed to properly place the burden of proof on the 1st defendant regarding the establishment of a servitude under Roman Dutch law and did not adequately consider the legal and factual deficiencies in the grant of such right. The findings established that mere physical features, such as a footbridge, do not satisfy the strict requirements for proving servitude, and in cases of doubt, the presumption is against the existence of servitude. The decision drew upon principles from Roman Dutch law, emphasizing