Leisa and Another v. Simon and Another – sllr 2002 volume 1 page 148

In the case between Leisa and Another (plaintiff-appellants) and Simon and Another (defendant-respondents), the court considered whether paper title alone confers a presumption of dominium and possession, shifting the burden to defendants to establish title by prescription, or whether mere occupation by the defendants negates the plaintiffs’ legal title. It was determined that undisputed documentary (paper) title creates a presumption of possession sufficient for a vindicatory action, without the necessity for the plaintiffs to prove possession by prescription, thus requiring the defendants to substantiate a claim of adverse possession. Relying on principles from cases such as Pathirana v. Jayasundera, the judgment reaffirmed that adverse possession must be established by clear and unequiv