K. A. Jayasekera vs K. A. Gunasekera Appuhamy – CA NO. 250/1997-2011

The case between K. A. Jayasekera (substituted by W. M. F. Princess Fernando and others) and K. A. Gunasekera Appuhamy with K. A. Nandasena, addressed whether the substituted Plaintiff-Appellants could introduce fresh documentary evidence in the Court of Appeal after parties reached a settlement in the District Court regarding the partition of the land Medawattehena. It was held that the criteria for admitting fresh evidence were not satisfied, as the Plaintiff-Appellants failed to demonstrate reasonable diligence in obtaining the documents prior to the trial. The principle reaffirmed was that litigation must achieve finality and that admissions of evidence on appeal are confined to established requirements articulated in precedents such as Beatrice Dep v. Lalani Meemaduma. This outcome re

REF: CA NO. 250/1997-2011 Category: Tag:
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