Fernando vs Themaris – clr volume 2 page 183

In the case between the landowner (Plaintiff) and certain toddy tappers (Defendants), the court addressed whether an agreement permitting the tapping of coconut trees for toddy authorized entry onto the land as a valid defence against a claim of trespass. It was determined that such a license to tap trees does not constitute an interest in land requiring compliance with notarial requirements under the statute of frauds. This reaffirmed the principle distinguishing mere licenses from interests in land, applying established case law and statutory interpretation. The outcome emphasized that limited permission to draw toddy is insufficient to create a proprietary interest in land, affecting the application of trespass defences in similar circumstances.

Withers J. — It was found that a licens