Wanigasooriy A v. Danawathie And Others – sllr 2009 volume 1 page 085

The case between Wanigasooriy A (appellant) and Danawathie and Others addressed the issue of whether long-term use of a roadway by the defendants amounted to adverse possession or gave rise to a prescriptive right of way. It was held that the defendants’ evidence was insufficient to establish that the use was adverse, continuous, and uninterrupted for the period required to acquire prescriptive rights over the roadway. The court reaffirmed the principle that permissive or non-adverse user, especially where alternate access exists and no necessity is proven, does not give rise to a legal right of way by prescription. The decision relied on interpretation of evidence and application of the Prescription Ordinance and relevant property law principles, confirming that prescriptions must be stri