Nimalasena Jayakody vs J.M. Mallikaratne – CA PHC 152/2007-2014

In the case between Nimalasena Jayakody and J.M. Mallikaratne, Dharsana Rupasinghe, and B. Sawwa, the court addressed the issue of whether the appellant was entitled to a right of way allegedly obstructed by the respondents, and the appropriate evidentiary standard required under the Primary Court Procedure Act, No. 44 of 1979, to establish such a right. It was held that strict proof of servitude for a period of ten years is not required under Section 75 of the Act; rather, it suffices to establish a right in the nature of a servitude, which may be demonstrated by evidence of actual use or recognition of the right at the time of obstruction. The decision reaffirmed the principle that more flexible forms of proof are acceptable under the Act, with reference to Ananda Sarath Paranagama v. D.