Uduma Lebbe Marikkar Mohomad Nizar vs Mutha Merenne Parakrama – SC/APPEAL/235/2016-2024

In the case between Uduma Lebbe Marikkar Mohomad Nizar (deceased) as plaintiff and Mohamed Sakeen Mohamed Zahi (substituted 1st defendant) with others, the court addressed the issue of whether the defendants’ possession of land constituted adverse possession granting prescriptive title, the effect of prior actions and settlements on such possession, and the application of the doctrine of interruption or suspension of prescription. It was held that the 1st defendant had obtained prescriptive title due to continuous, undisturbed, and uninterrupted adverse possession, and the plaintiff’s prior action and settlement did not amount to acknowledgment of title that would defeat the prescriptive claim. The principle was reaffirmed that instituting legal action may suspend but does not necessarily