Contractual Dispute and Financial Liability: Summary of SC Appeal No. 143/2018

Case Summary: Invalidated Ex Parte Divorce Due to Non-Service of Summons

Case Summary Case Title: Kurukulasooriya Pearl Benita Perera v. Horanakkara Hemasinghelage Manel AshokaCase Number: CA/RI/14/2018Court: Court of Appeal of Sri LankaJudges: D.N. Samarakoon, J. & B. Sasi Mahendran, J.Decision Date: 05.08.2022 Facts The petitioner, Kurukulasooriya Pearl Benita Perera, was married to the late Francis Luxshman Perera on 06.10.1980. On 07.01.1993, the late Francis Luxshman Perera […]

Land Ownership and Legal Battles: Supreme Court Resolves Decade-Long Property Dispute

SC/APPEAL/166/2019 Introduction A long-standing property dispute between family members reached its final resolution in the Supreme Court of Sri Lanka in the case of Sabeera Salee v. Hasan Mohamed Samsun Nisa. This case highlights critical legal principles surrounding ownership rights, prescriptive possession, and procedural fairness in appellate courts. The Supreme Court ultimately reinstated the District […]

Supreme Court Rules in Favor of Landowners in Rainwater Dispute: Orders Removal of Illegal Obstruction

Case Summary: W. Arthur Deepal Peiris & Others v. Ranil Perera & Others (SC/APPEAL/37/2014) Parties: Plaintiff-Appellant-Appellants: W. Arthur Deepal Peiris W. Sunethra Peiris W. Ashoka Ajith Peiris Defendant-Respondent-Respondent: Ranil Perera (Vajira Builders) “Seek Saloon” Facts: The 1st plaintiff became the owner of Lot 4 through a partition decree and later gifted it to his son […]

Application Approach in Appeal and Leave to Appeal in Civil Cases

Case Summary: SC/CHC/APPEAL/4/2002 1. Parties Involved Petitioner-Appellant: The Maharaja Organisation Limited (Colombo, Sri Lanka). Respondent-Respondents: Viacom International Inc. (New York, USA). The Director General of Intellectual Property (Sri Lanka). 2. Facts of the Case The Director General of Intellectual Property issued an order on 28.05.1998, allowing the registration of Mark No. 61297 in favor of […]

Supreme Court Affirms Landowners’ Right to Natural Water Flow in Property Dispute

Case Summary: SC/APPEAL/37/2014 Parties Plaintiff-Appellant-Appellants: W. Arthur Deepal Peiris W. Sunethra Peiris W. Ashoka Ajith Peiris Defendant-Respondent-Respondent: Ranil Perera (representing “Vajira Builders” and “Seek Saloon”) Facts of the Case The 1st plaintiff became the owner of Lot 4 through a partition decree and later gifted it to his son (3rd plaintiff), subject to a life […]

Supreme Court Ruling on Land Ownership and Prescriptive Rights

Case Summary: SC Appeal 194/2014 Parties: Appellants (Defendant-Respondent-Appellants): Letchumy Suntharanathan Suntharanathan Premini Respondent (Substituted Plaintiff-Appellant-Respondent): Janaththany Logitharajah (representing deceased original plaintiff Sellathangam Logitharajah) Facts: The plaintiff filed a case in the District Court of Batticaloa on 10.10.1997 seeking: Declaration of title to certain portions of land. Ejectment of the defendants. Compensation for damages. The 1st […]

Supreme Court Upholds Property Transfer: Key Rulings on Fraud, Minority, and Laesio Enormis

Case Summary: SC APPEAL 36/2011 1. Parties Involved Plaintiff-Appellant-Respondent: Anura Silva Abeyratne (Resident of Edmonton Housing Complex, Colombo 06) Defendants-Respondents-Appellants: Kusuma Wijetunga (Resident of Thavaluwila, Ambalantota) Sudirikku Hennedige Nilupul Jayawickrema (Resident of Thavaluwila, Ambalantota) 2. Facts of the Case The plaintiff (Anura Silva Abeyratne) claimed ownership of the lands described in the plaint and alleged […]

Ensuring Substantive Justice Over Procedural Technicalities

Case Summary: SC/APPEAL/1/2025 1. Parties Involved Plaintiff-Petitioner-Appellant: Niyakulage Dilruk Sanjeewa Fernando Defendant-Respondents-Respondents: Diyagama Vidanelage Somawathie Perera (Deceased, substituted by Meddakandage Anilka Rohini Perera) Meddakandage Anilka Rohini Perera Counsel Representation: Neomal Senathilleke with Vinura Jayawardena for the Appellant Yuwin Matugama with Gihini Yapa for the Respondents 2. Facts of the Case The appeal originates from a […]

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