Siyathuhamy and Others v Podimenike and Others – sllr 2004 volume 2 page 323

In Siyathuhamy and others v Podimenike and others, the court addressed the issue of whether exclusive adverse possession—amounting to ouster—by one co-owner can terminate the co-ownership of land and affect partition rights. It was held that, in the absence of clear evidence of adverse possession and ouster, common ownership remains intact. The decision reaffirmed the principle that clear and unequivocal proof is required to establish ouster among co-owners, drawing on precedents including Corea v Appuhamy and Wickramaratne v Alpenis Perera and relevant statutory law regarding prescription. The court emphasized that historical arrangements, such as the 1949 case settlement, supported the existence of common ownership while allegations of separation or exclusive adverse possession, not suff