Jayaweera Gamathiralalage Brahmana Watte Ratnasiri Jayaweera v. Gamakonnage Sisira Karunathilake, Jayaweera Gamathiralalage Brahmana Watte Nimal Jayaweera, Jayaweera Gamathiralalage Brahmana Watte Dharmasiri Jayaweera, Jayaweera Gamathiralalage Brahmana Watte Tikiri Bandara Jayaweera, Officer in Charge, Miscellaneous Complaints Division; Police Station, Ratnapura – CA PHC/14/2015-2015

In the case between Jayaweera Gamathiralalage Brahmana Watte Ratnasiri Jayaweera (Appellant) and Gamakonnage Sisira Karunathilake (Respondent), the core issue was whether the Appellant was entitled to a right of way over the Respondent’s land under Section 69 of the Primary Courts Procedure Act No. 44 of 1979. The sequence began with proceedings initiated by the Officer in Charge, Ratnapura Police, leading to a Primary Court order denying such entitlement. Subsequent revision by the Provincial High Court was also dismissed. The Appellant, placing reliance on police reports and a backhoe incident as evidence, presented these before the Court of Appeal. It was determined that police observations and mere passage did not establish legal entitlement; only ownership or lawful claim suffices per

REF: CA PHC/14/2015-2015 Category: Tag:
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