Dodampahala Gamage Gunapala vs K.P. Nuwan Ranjan De Silva – SC APPEAL 20/2015-2015

In the case between Dodampahala Gamage Gunapala, Dodampahala Gamage Weerasinghe, Dodampahala Gamage Sumaderis (Plaintiffs) and K.P. Nuwan Ranjan De Silva, Angunukolapelessa Pradeshiya Sabhawa (Defendants), the main legal issue concerned whether a claim for crop loss due to obstruction of natural water flow constituted an acquilian action or a servitudinal right claim. It was held that the cause of action was properly framed as one for damages arising from negligence in failing to provide proper water drainage during the elevation of a public road, not as a claim for a servitudinal right. The holding reaffirmed the principle that the characterization of a cause of action must be determined by the pleadings and evidence presented, and appellate courts must refrain from recharacterizing the b