Kulatunga vs Ranaweera – sllr 2005 volume 2 page 197

In Kulatunga v. Ranaweera, the court addressed the issue of whether a right of way established by a partition decree and subsequent deed is extinguished by non-use or abandonment. It was held that such a servitude is not lost by mere non-use, nor by tacit abandonment, reaffirming the principle that servitudes created by deed persist unless expressly extinguished according to law. This decision relied on established precedents, including Fernando v Mendis and Paramount Investments Ltd. v Cader, emphasizing that failure to properly frame and argue issues at trial precludes appellate review on those grounds. The appeal was dismissed, and costs were awarded against the appellant.

W. L. Ranjith Silva J. — The procedural history of the case revealed that the appellant was absent and unrepresen