Akbar vs Slema Lebbe – clr volume 2 page 175

The case between Akbar (Plaintiff) and Slema Lebbe (Defendant) dealt with whether construction—specifically the erection of walls and the conversion of a verandah into enclosed rooms—constituted an illegal encroachment on a public street under Ordinance No. 7 of 1887. It was determined that there must be clear and satisfactory evidence to prove that the area impacted was part of the public street and used for public passage. The judgment reinforced the principle that the burden of proving encroachment on public property rests with the prosecution, and mere reference to a historical survey or the account of a single witness is insufficient. Reliance was placed on statutory requirements and evidentiary standards, underlining the necessity for credible proof of both boundary and usage to obta