Wijetillake vs. Paranavithana – CA NO.270/97 F -1997

The case between R.T. Wijetillake and (Mrs.) D.R. Wijetillake (defendants-appellants) and N.D. Paranavithana, (Miss) S.R. Paranavithana (deceased), and Dr. (Mrs.) M.E. Wijesinghe nee Paranavithana (plaintiffs-respondents) concerned whether construction activities by the defendants caused actionable damage to the plaintiffs’ property, specifically making their residence uninhabitable. It was determined that the defendants’ negligence in conducting construction work was the operative cause of substantial structural damage to the plaintiffs’ house, warranting an award of damages. The principle reaffirmed was that damages may be awarded where credible evidence establishes negligent causation, and courts retain the discretion to grant lesser relief than what is claimed if supported by evidence.