Officer-in-Charge, Police Station, Beliaththa. vs Jasing Bastian Arachchige Udeni Mangalika Nandna Srasi, Lalith Wittahachchi, and Vepitiage Saminona – CA PHC 125/16-2022

In the case between Lalith Wittahachchi (2nd Respondent-Respondent-Appellant) and Jasing Bastian Arachchige Udeni Mangalika and Vepitiage Saminona (1st and 3rd Respondent-Petitioner-Respondents), the issue concerned the entitlement to use a 10-foot wide, 10-meter-long roadway depicted as Lot M in Plan No. 226 as a right of way to access property (Lot L). The determination centered on whether, under Sections 66 and 69 of the Primary Courts’ Procedure Act, the 1st and 3rd Respondents could claim interim access over the roadway based on necessity or longstanding usage, or whether proof of legal entitlement was required. The Primary Court denied the right of way, but this was revised by the High Court, granting access to the 1st and 3rd Respondents. The Court of Appeal affirmed the High Court’