Wilbert v. Javasiriwardena and Others – sllr 2003 volume 3 page 355

In Wilbert v Javasiriwardena and Others, the dispute centered on the correct identification of immovable property subject to a writ of possession under the Civil Procedure Code. It was determined that the evidentiary burden rests on establishing, with certainty, that the land delivered by execution conforms to the property described in the writ. The findings established that inconsistent property descriptions and an inadequately supported Fiscal’s report precluded a presumption that the proper land had been delivered. The principle reaffirmed is that conclusive proof of identity is indispensable before enforcement of a writ of possession. Reference was made to Sections 325, 325(1), and 325(4) of the Civil Procedure Code, and the outcome highlighted the necessity for detailed and certain pr