W. Gunawathie and others vs P.D. Ratnetilaka – CA 591/99-2011

The case between W. Gunawathie and 2 others (Plaintiffs) and P.D. Ratnetilaka (Defendant), concerned whether the Defendant’s operation of a timber depot, which included noise from loading, unloading, late working hours, and the transport of timber by heavy vehicles, amounted to a private nuisance entitling the Plaintiffs to a permanent injunction and damages. It was held that the material established various regulatory violations by the Defendant, with remedial actions and penalties previously imposed by criminal courts. However, the District Court determined that a nuisance could not be proved on the date of the plaint, and dismissed the Plaintiffs’ claim. The appeal was also dismissed on the grounds of non-prosecution and the absence of any cause to interfere with the District Judge’s fi