Indra Kumari Ratnayaka v. G.K. Dharmadasa – CA NO: 1103/99 F -2017

In the case between Indra Kumari Ratnayaka (Plaintiff-Appellant) and G.K. Dharmadasa (Defendant-Respondent), the court addressed the issue of whether a right of way by prescription or necessity could be claimed over the Plaintiff-Appellant’s land. The determination was made that neither a right of way by prescription nor way of necessity could be established due to absence of continuous use over a defined path, existence of an alternative access route, and lack of title to the dominant tenement on the part of the Defendant-Respondent at the institution of action. This decision reaffirmed the principle that a servitude cannot be acquired unless strict legal requirements—including title at commencement—are satisfied. Reliance was placed on established case law and statutory requirements rega