H.W. Amarasiri and others vs Edirisinghe Mudiyansalage Sudu Manike and others – SC.APPEAL.No. 108/2022-2025

This case concerns an appeal by the 2nd and 3rd Defendant-Respondent-Appellants against a Civil Appellate High Court judgment. The High Court had overturned a District Court decision that dismissed the Plaintiff’s plaint. The District Court had incorrectly treated the action as a *rei vindicatio*. The High Court correctly identified the action as based on a licensor-licensee contractual relationship, noting that a licensee is estopped from denying the licensor’s title under Section 116 of the Evidence Ordinance. The High Court also held that a prayer for declaration of title does not alter the fundamental nature of a contractual claim. The Supreme Court affirmed the High Court’s reasoning, dismissing the appeal.

E.A.G.R. Amarasekara, J. delivered the main judgment, addressing the appeal

REF: SC.APPEAL.No. 108/2022-2025 Category: Tag:
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