Pallewela Gamaralalage Nalika Jeewanthi vs Noor Mohamed Riza Jumaa – SC APPEAL68/2013-2025

In the case between Pallewela Gamaralalage Nalika Jeewanthi (Plaintiff/Appellant/Petitioner) and Noor Mohamed Riza Jumaa with Herath Dheeraratnalage Saman Bandara (Defendant/Respondent), the central legal issue concerned whether a settlement in a prior rei vindicatio action could bind a third-party who acquired an interest in the property after the settlement. The court determined that such a settlement does not bind the subsequent purchaser and that the claims of co-ownership and partition over Lot 1, arising from the historical conveyance and inheritance of the property, required further judicial examination. The findings established that the lower courts erred in dismissing the action and emphasized the principles relating to nemo dat quod non habet, res judicata, and doctrines governin

REF: SC APPEAL68/2013-2025 Category: Tag:
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