Hewa Dewage Josalin vs Nawalage Winson Cooray – SC APPEAL 43/2016-2025

The court addressed the issue of whether the Defendants possessed a servitudinal right of way over the Plaintiffs’ land by prescription or necessity. It was determined that the evidence did not sufficiently establish the Defendants’ claim either by prescription or necessity, nor was adverse and continuous usage adequately proved. The ruling reaffirmed the principle that servitudes cannot be presumed and must be strictly proved, relying on precedent such as Fernando v Dona Maria and sections of the Prescription Ordinance. The Supreme Court’s judgment set aside the High Court’s decision that granted relief to the Defendants and reinstated the District Judge’s decision in favor of the Plaintiffs, emphasizing the necessity for conclusive proof in claims of servitude.

E. A. G. R. Amarasekara