Gunadasa and Wijepala vs. Somawathi – CA NO. 37/95 F -2018

In the case between D.M. Gunadasa, D.M. Wijepala (and their substitutes) and D.M. Somawathi alias Samawathi (and substitute D.M. Upul Kumarasiri Bandara), the court addressed the issue of whether the Deed of Gift No. 27248 (1967/1968), by which the plaintiffs claimed title to the disputed land, was legally valid. The court held that, for the deed to be effective in conveying title to adult donees, personal acceptance by each donee is required, unless express authority for proxy acceptance is established; such acceptance was not proven in the present case. This decision reaffirmed the principle that, under Roman Dutch Law, acceptance is a critical component for the validity of inter vivos gifts to adults. Reference was made to established authorities and prior case law, clarifying that acce