Weeragunarathna vs Gunasinghe – CA 123/1992-1992

In the matter of Caroline Meriah Weeragunarathna, Don Claude Abeywardena, Don Herbert Abeywardena, Don Gamini Abeywardene, and Don Tissa Abeywardene (Plaintiff-Respondents) versus Obada Mudalige Ariyaratne Gunasinghe and others (Defendant-Appellants), the court addressed the validity of a District Judge’s 1992 judgment in a partition action concerning property title determination, prescription claims, and the adequacy of judicial reasoning and procedural compliance under the Partition Law. The core holding was that the District Court’s judgment, written by a retired judge with significant delay and insufficient analysis of oral evidence regarding prescriptive rights, was inadequately supported and must be set aside, mandating a retrial. The decision reaffirmed the principle that, in partit

REF: CA 123/1992-1992 Category: Tag:
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