Officer-in-Charge, Police Station, Borella vs Maththaka Jinadasa Gamage – CA PHC NO: 179/2013-2022

In the case between Maththaka Jinadasa Gamage (substituted by Udith Ishantha Gamage) and Thotawaththe Dona Manuwel Subhash De Silva and others, the issue addressed was whether the 1st Party-Respondent-Appellant was entitled to a roadway/right of access to the premises at 1038/05, Maradana Road, Borella. It was held that the Primary Court Judge erred in failing to determine the right of way, and the Provincial High Court further erred by upholding this omission, resulting in injustice to the Appellant. The principle reaffirmed was that the court is required, under Section 69 of the Primary Courts’ Procedure Act, to determine and declare which party is entitled to the disputed right based on the evidence. This decision relied on applicable statutory requirements and established precedents, e