G. Wimalasuriya v Owis Wimalasuriya – CALA 453/2005-2005

The case between Owis Wimalasuriya (Plaintiff-Respondent) and G. Wimalasuriya (3rd Defendant-Petitioner) addressed the issue of whether the 3rd Defendant was entitled to a broader right of way along the northeastern boundary of the land, beyond the confirmed access via Lot No. 14. The court determined that the claim for a wider roadway, equivalent to the width of Lot No. 7 and extending to the railway reservation, could not be entertained as it was neither sought at the District Court nor supported by any alternative plan submitted during original proceedings. The principle established was that new claims not raised at trial or based on evidence before the lower court cannot be considered on appeal. The decision relied on the procedural rules governing appellate review and case presentatio