Hubert Fernando vs. Warnakulsuriya Bibilet Miurine Fernando – APPLICATION NO.1265/2000 F -2022

In the case between Hubert Fernando (Plaintiff-Respondent) and various family members along with the 11th Defendant (Defendant-Respondents), the court addressed whether prescriptive rights had been sufficiently established through uninterrupted possession commencing in 1944, and considered the legal effect of various deed transfers and previous judgments on the plaintiff’s title. It was held that uninterrupted possession and relevant deed transfers supported the plaintiff’s claim, and that negligence on the part of the 11th Defendant-Appellant in protecting his rights—specifically by failing to file written submissions and act promptly—negated any equitable relief. The holding reaffirmed the principle that equity will not aid those who sleep on their rights or act carelessly, with reliance