Hewa Wellage Jagath Daminda and Seetha Nanayakkara vs Hewa Wellage Nishshanka – CA RII 06/2021-2022

In the case between Hewa Wellage Jagath Daminda and Seetha Nanayakkara (Plaintiffs) and Hewa Wellage Nishshanka (Defendant), the issue addressed was whether a settlement and corresponding judgment entered in the District Court should be set aside due to an alleged mistake or fraud concerning the survey plans used during settlement. It was held that the Defendant’s consent was vitiated by a fundamental and excusable mistake (“justus error”) regarding the boundary plans, and that the remedy of restitutio in integrum was applicable. The court relied on legal standards established by relevant statutes and case law addressing mistake and vitiated consent, emphasizing that settlements procured under a grave and reasonable mistake may be invalidated to uphold justice.

B. Sasi Mahendran J. — The