Alwis v. Piyasena Fernando – sllr 1993 volume 1 page 119

In the case between ALWIS (Plaintiff) and PIYASENA FERNANDO (Defendant), the court addressed whether the defendant had acquired title to a portion of land by prescription and whether the appellate court could overturn the trial judge’s factual assessments. It was determined that the burden of proof for prescriptive title rests with the defendant, and that appellate interference with trial-level findings—particularly those involving witness credibility and primary facts—is warranted only in exceptional circumstances. The decision reaffirmed the principle that factual findings by the trial judge should not be overturned on appeal without compelling reason. Reliance was placed on established authority regarding burdens of proof and appellate deference. Restoring the judgment of the original t