Egalle Muhandiramlage Simonhamy Alias Podiappu vs Samaya Mantree Gamladdalage Sumanadasa – SC/APPEAL/131/2018-2025

The court addressed the issue of whether a right of way over Lot 2 (Plan No. 584) was acquired by prescription and/or necessity. It was determined that the plaintiff established a right of way by prescription, supported by a thorough examination of multiple survey plans and witness testimonies addressing the use and location of the claimed roadway. The court reaffirmed that clear and cogent evidence is required to establish prescriptive rights, with reliance placed on consistent findings of both the District Court and High Court. The Supreme Court upheld the conclusions of the lower courts and dismissed the appeal, underscoring the requirement for compelling proof in claims involving rights of way by prescription.

Mahinda Samayawardhena J. — The procedural progression from District Cou