Garnini Jayalath Wijewardena et al. vs Viyannalage Saranelis – CA 1034/98-2013

The case between Gamini Jayalath Wijewardena and Viyannalage Saranelis addressed the issue of entitlement to a right of way over a disputed strip of land based on prescription. It was determined that the Plaintiffs had established continuous, long-term use of the roadway since 1971, and the District Judge’s finding in their favor was justified. The principle was reaffirmed that appellate intervention in findings of fact is unwarranted unless there is manifest error, with reliance placed on Alwis v. Piyasena Fernando. The decision emphasized the evidentiary weight of uninterrupted user and the limited scope of factual appeals, affirming the Plaintiffs’ right of way and awarding costs against the Defendant.

K.T.Chitrasiri J. — The findings established that the Plaintiffs had used the dispu