K. I. Mohamed Marzook vs Dr. Mackinsley Gamini Dassanayake – SC/APPEAL/35/2016-2024

The case between the Trustees of “The Dassanayake Trust” (Party A) and several defendants including Kader Ibrahim Mohamed Marzook (Party B) addressed whether the 1st defendant sublet the premises without written consent. It was determined that evidence from the Electoral Registers marked P5 and P6, along with admissions regarding absence due to employment abroad and the occupation of part of the premises by another household, established on a prima facie basis that subletting had occurred. The burden of proof was shifted to the defendant to explain the occupancy arrangement. The procedural history spanned a District Court dismissal, a reversal by the Court of Appeal, and a subsequent Supreme Court appeal that affirmed the original ruling with no costs.

Priyantha Jayawardena PC, J — I