Ginadasa v. Dissanayake – sllr 2003 volume 2 page 208

In the case between Ginadasa (plaintiff) and Dissanayake (defendant), the court examined whether the landlord, despite being the true owner, improperly dispossessed the tenant by locking the premises and thereby committed acts of spoliation. The central determination focused on the application of the doctrine “spoliatus ante omnia restituendus est,” mandating the restoration of property to the original possessor before considering questions of ultimate title or tenancy rights. It was established that, regardless of disputes about tenancy or ownership, the proper remedy for a dispossessed party is the restoration of possession, as the lawful process must be upheld above personal property rights. Precedents including Greyling v Estate Pretorius and further authorities were cited to reinforce