Officer-in-Charge, Police Station, Yakkalamulla vs. Okandawatta Hewage Dayawathee and others – CA PHC 114/2012-2023

In the case between the 1st and 2nd Petitioner-Appellants (Appellants) and the 1st and 2nd Respondent-Respondents (Respondents), with the Officer-in-Charge of the Yakkalamulla Police Station as Complainant, the court addressed the issue of whether a servitudinal right of way over the Respondents’ land had been acquired by the Appellants through prescription and long-term use. It was held that the Appellants were entitled to the right of way, with prior lower court orders—both from the Magistrate and the High Court—set aside. The principle reaffirmed was that uninterrupted, long-term usage supported by evidence can establish a servitude by prescription, in keeping with statutory provisions, including section 75(d) of the relevant Act and section 66 of the Primary Courts Procedure Act. This