Muthutantrige Vincent David Fernando v. W. Nicholas Joseph Markus Fernando et al. – CA NO. 1020/98 F -1998
In the case between Muthutantrige Vincent David Fernando (Plaintiff-Appellant) and W. Nicholas Joseph Markus Fernando along with other members of the Fernando family (Defendants-Respondents), the issue addressed was whether the plaintiff established sufficient title and precise identity of the land (corpus) in a rei vindicatio action. It was held that the plaintiff failed to discharge the necessary burden of proof, specifically with respect to clearly establishing both a devolution of title and the identity and extent of the land claimed. The principle reaffirmed is that in a rei vindicatio action, the plaintiff must strictly prove both title and identification of the corpus. This decision relied on evaluation of the documentary evidence, plans, and title deeds presented and underscores th

