Akurange Jayasinghe v. Akurange Gunawathie – SC APPEAL 73/2010-2018

In the case between Akurange Jayasinghe and I. Lakshman Weerasekera, the Supreme Court addressed whether the defendant acquired a right of way over the plaintiff’s land by prescription, focusing on whether the statutory requirements for establishing such a right—including adverse possession and uninterrupted use for a period of over ten years—had been satisfied. It was held that the defendant fulfilled the necessary legal conditions for prescriptive right of way, with the decision reaffirming the principle that factual findings at trial, particularly where witness testimony and survey evidence support continuous, adverse, and uninterrupted use, are entitled to deference on appeal. Reliance was placed on precedential standards governing appellate review of factual determinations. The judgme