RANMENIKA AND ANOTHER

Vs.

WALLIETHANA AND OTHERS

COURT OF APPEAL
J. DE SILVA, J.
CA/471/2000 (F)
DC ANURADHAPURA 15467/L
JANUARY 18, 2019

Declaration of right to possess-Doctrine of res judicata-Doctrine of issue estoppel-Evidence Ordinance, sections 40, 100-Possessory action-Prescription Ordinance, No. 22 of 1871, section 4.

The plaintifffiled action seeking a declaration that she as the lawful permit holder is entitled to possess the land in suit, ejectment of the defendant therefrom and damages. The District Court entered judgment for the plaintiff. The defendant appealed to the Court of Appeal mainly on the ground of resjudicata.

Held:

1. Section 40 of the Evidence Ordinance recognises the doctrine of res judicata and the following constituents must be present for it to apply:

(i) The former action must have been a regular action

(II) The two actions must have been between the same parties or their representatives in interest (privies)

(iii) The previous decision must be what in law is deemed such

(Iv) The particular judicial decision must have been in fact pronounced as alleged

(v) The previous judgment must be a final judgment

(vi) The same