D.G Kularatne vs Wajira Shirani Gunawardene – CA 1190/99-2014

The case between Wajira Shirani Gunawardene (Plaintiff-Respondent) and D.G. Kularatne (Defendant-Appellant) addressed the issue of the demarcation of the boundary between Lots 08 and 10 on Plan No. 232/86, following a prior judgment based on a settlement. The court held that a prior statement in the judgment—declaring Lot No.10 to be owned by the Defendant-Appellant—was incorrect, as the lot is in fact occupied by persons not before the court. The principle affirmed was the necessity for judgments to accurately reflect parties’ rights and factual circumstances, relying on proper procedure for amending judgments to avoid prejudice or inaccuracy. It was emphasized that the proper course is to amend the erroneous portion, ensuring the judgment aligns with the parties’ true positions and the p

REF: CA 1190/99-2014 Category: Tag:
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