Ranawana Hewa Vitharanalage Anoma Geethanjali Samarasena v. Officer in Charge, Police Station, Kandy – CA PHC 01/2020-2022

In the case between Officer in Charge, Police Station, Kandy, and Hewakaduge Hansika Padmangani Keerthi, Upali Weerasinghe, and Ranawana Hewa Vitharanalage Anoma Geethanjali Samarasena, the court addressed the issue of entitlement to a right of way (footpath) across land located in Ogastawatta, Kandy, under Section 69 of the Primary Courts’ Procedure Act. It was held that the appellant’s challenge regarding the existence and use of the disputed footpath was not substantiated to the extent required to disturb the concurrent findings of the Magistrate and the High Court. The court reaffirmed the principle that, in proceedings under Section 69, it is sufficient to establish enjoyment of the right at the time the dispute arose, with a more lenient evidentiary threshold than in civil litigation