Bogoda Arachchige Manoratne vs. Collure Appuhamilage Somasiri Collure and others – SC Appeal 153/2016-2025

In the matter of Bogoda Arachchige Manortne Vs. Collure Appuhamilage Somasiri Collur, the court addressed the issues of procedural compliance in appeals and the evidentiary requirements for establishing a prescriptive right of way. It was held that the High Court erred in allowing an appeal without a mandatory prayer for relief and in granting a right of way without sufficient evidence of prescriptive user. This decision reaffirmed the principle that strict adherence to procedural requirements, specifically Section 758(1)(f) of the Civil Procedure Code, is essential for appellate relief, and that prescriptive claims necessitate clear evidence of adverse user, as established in *Wanigasooriya Vs. Danawathie and Others (2009) 1 SLR 85* and *Soyza Vs. Fonseka 58 NLR 501*. The ruling emphasize