Wijetunge v. Thangarajah – sllr 1999 volume 1 page 053

In Wijetunge v. Thangarajah, the court addressed the allocation of the burden of proof in a vindicatory action when legal title is admitted. It was held that once the plaintiff’s title is undisputed, the burden shifts to the defendant to prove lawful occupation. The principle reaffirmed is that, in vindicatory proceedings, it is incumbent upon the defendant to establish entitlement to occupation, and the plaintiff need not prove more than title where possession is not lawfully held by the defendant. This conclusion was based on established legal authorities, reinforcing the rule that the defendant must commence the case when challenging the plaintiff’s title, thereby impacting the conduct of future similar actions.

Ismail J. — The findings established that, where the plaintiff’s legal ti