K.A. Karolis vs Sirisena Gunawardane – CA NO. 1163/1998-2014

The case between Sirisena Gunawardane (Respondent) and K.A. Karolis (Appellant) addressed the issue of ownership of land described in the 4th schedule to the plaint, and whether the property was held under a constructive trust for the benefit of the appellant. It was held that the respondent is the lawful owner of the property, and the appellant failed to establish any basis for a constructive trust or entitlement to compensation for improvements. The underlying principle reaffirmed is that clear, credible evidence is required to displace documentary title or to prove constructive trust claims. The decision relied on established principles concerning the deference owed to factual findings at the trial level and the requirement for robust evidence to sustain equitable claims, emphasizing th

REF: CA NO. 1163/1998-2014 Category: Tag:
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