Rajapaksha Mudiyanselage Somawathie vs N.H.B. Wilmon et al. – SC APPEAL NO. 2/2009-2010

In the case between Rajapaksha Mudiyanselage Somawathie (plaintiff-respondent-appellant) and N.H.B. Wilmon together with other associated parties (defendants-respondents), the court addressed whether the acceptance of Deed of Gift No. 22372 (dated 04.03.1962) was validly established, and whether the High Court erred by considering the issue of acceptance for the first time on appeal. The court held that sufficient evidence existed to infer acceptance of the gift deed by the donees and further determined that issues not raised or evidenced at trial could not form the basis for reversal on appeal. It was affirmed that a signature by a life interest holder on behalf of the donees, together with evidence of possession, constituted adequate indication of acceptance. The decision relied on legal