W. H. Wilson Perera vs Jayawardena Thambulage Kamalawathie – SC APPEAL 177/17-2021

In the case between W. H. Wilson Perera and K. A. Wimalawathie (Plaintiffs) and Jayawardena Thambulage Kamalawathie and G. V. M. M. Gunesekere (Defendants), the Supreme Court addressed the issue of liability for soil erosion and the demarcation of a common boundary between adjoining land lots. It was determined that the evidence did not establish that the defendants’ soil excavation caused deterioration in the lateral support of the plaintiffs’ property or that the defendants were liable for the cost of constructing a retention wall. The principle reaffirmed is that liability for damage to an adjoining property requires adequate evidentiary substantiation, particularly where expert evidence and survey plans are in conflict. Reliance was placed on the assessment of factual records and the a