Missilin vs Wilbert Appuhamy – CA NO.1068/98-2014

The case between W. D. Wilbert Appuhamy (Plaintiff-Respondent) and W. Missilin (1st Defendant-Appellant) addressed whether a claim of prescriptive title to partitioned land could be successfully asserted on appeal when it was not raised at trial, and whether the allocation of shares and entitlements to a house and plantation had been correctly determined. It was held that a claim of prescriptive title could not be entertained for the first time at the appellate stage when such an issue was not raised or evidenced at trial, reaffirming the principle that appellate courts will not consider new factual issues absent full pleading and proof at first instance. The legal reasoning relied on Supreme Court precedents including Gunawardena v. Deraniyagala and Somawathie v. Wilmon, emphasizing that