Hapuarachchige Don Douglas Martin Appuhamy Vs. Y.B. Alecman and others – SC Appeal No. 08/2014-2025

This case involves a partnership dispute concerning ‘Elite Cinema’ between Hapuarachchige Don Berty Anslem (substituted by Hapuarachchige Don Douglas Martin Appuhamy) and Y.B. Alecman (substituted by Mahabadalage Gnanawathie and others). The Plaintiff alleged being misled into signing documents transferring his partnership share, while the Defendant contended the Plaintiff knowingly retired. Lower courts found deception in favor of the Plaintiff. The Supreme Court granted leave to appeal on questions of law regarding deception, the Plaintiff’s negligence affecting the plea of *non est factum*, and the burden of proof. The Supreme Court determined the Plaintiff was negligent, had read the document (V1) confirming his voluntary departure, and failed to establish deception. Consequently, the