Abubucker v. Fernando – sllr 1987 volume 2 page 225

In the case between the plaintiff (representative of an individual claiming rights under deed P1, involving a donation from Juwakeenu Perera) and the 4th defendant, Abubucker, the court addressed whether title to a portion of Bogahawatta land could validly pass by donation without a fiscal’s conveyance and without conclusive proof of acceptance by the donees. It was held that no valid title was created by the impugned deed, as acceptance by the donees—especially when minors—was not established by mere presence at the execution or by circumstantial evidence. The necessity of clear acceptance for valid donation under Roman-Dutch Law was reaffirmed. The decision relied on established Roman-Dutch principles and case law, concluding that the plaintiff’s action must be dismissed, thereby affirmi