Gamalajjage Jayathilake vs Wijesinghage Nimalawathie and others – SC 154/2018-2025

This case involves an appeal concerning the partition of land, specifically addressing the identity of the original owner and a claim of prescriptive rights. The initial partition action was dismissed by the District Court due to insufficient proof of the original owner’s identity. The Provincial High Court reversed this decision, finding adequate evidence for the original owner’s identity and rejecting the prescriptive claim. The Supreme Court affirmed the High Court’s judgment, holding that proof of original ownership in partition actions does not necessitate an exceptionally high degree of certainty and that the evidence presented, including admissible hearsay and documentary evidence, was sufficient to establish title and dismiss the prescriptive claim. The appeal was dismissed.

Sam