Miriyagalla Kankanamlage Vincent vs Miriyagalla Kankanamlage Gunapala – SC/APPEAL 50/2018-2024

In the case between Miriyagalla Kankanamlage Vincent (Plaintiff) and Miriyagalla Kankanamlage Gunapala (Defendant), the court addressed whether a constructive trust existed, obliging the Plaintiff to hold legal title to certain property in trust for the Defendant. The court determined that the Plaintiff, despite holding the paper title, had acquired the property with funds provided by the mother for the benefit of both sons. It was established that this arrangement and subsequent conduct triggered the operation of a constructive trust under the Trusts Ordinance (particularly Sections 83, 84, 90, 91, and 96). Upholding the decisions of the District Court and High Court, the court held that the Plaintiff was bound by fiduciary duty, and the appeal was dismissed with costs, affirming that the

REF: SC/APPEAL 50/2018-2024 Category: Tag:
Scroll to Top