Melani Dilkushi Silva nee Gomes vs Mareena Wyman – CA 998/96-2011

The case between Melani Dilkushi Silva nee Gomes (Plaintiff-Appellant) and Mareena Wyman (Defendant-Respondent) addressed whether the plaintiff, as owner by Deed of Gift, was entitled to a declaration of title and ejectment of the defendant tenant. The dispute also focused on whether the defendant’s continued possession was unlawful due to non-attornment after the plaintiff had provided notice to pay rent. The initial dismissal by the District Judge was based on preliminary legal objections raised by the defendant. On appeal, it was determined that the issues involved mixed questions of law and fact, requiring a full trial rather than dismissal at a preliminary stage. The holding reaffirmed that only pure questions of law may be decided without trial, relying on the principle set out in Mu