Fernando and Others vs. Fonseka and Others – sllr 2020 volume 1 page 025

The case between Fernando and Others (Plaintiff-Appellant-Petitioners) and Fonseka and Others (Defendant-Respondents) addressed the issue of whether a servitutal right of way existed in favor of the Plaintiffs over a defined roadway traversing the Defendants’ property. It was held that the Plaintiffs failed to establish either a prescriptive or a necessary right of way, as required by law, due to inadequate evidence concerning continuous adverse use and insufficient identification of a definite track. The decision reaffirmed the principle that clear, unwavering proof is required to establish servitudinal rights under the Civil Procedure Code. Emphasis was placed on the necessity for precise identification of the servient tenement and unambiguous use of the alleged way, with the absence of