Chandani Wijerathne vs M. Gunasekara – CA 1239/98/F-2017

The case between Chandani Wijerathne (Plaintiff) and M. Gunasekara (Defendant) addressed whether construction activities by the Defendant on an adjoining property caused damage to the Plaintiff’s residence, and the appropriate quantification of such damages. The court determined that the Defendant’s construction led to settlement and cracking in the Plaintiff’s house due to inadequate precautionary measures. Reliance was placed on uncontested expert testimony and the Institute of Engineers’ report. It was established that factual findings of the District Court deserved deference and were supported by the evidence. The appeal was accordingly dismissed and compensation, along with costs, was awarded to the Plaintiff. This decision reaffirmed the principle that adjacent landowners must exerci