Res judicata – Same cause of action precludes new claim. Constructive trust

Res judicata – Same cause of action precludes new claim. Constructive trust – Must be pleaded, not inferred from fraud. Burden of proof – Plaintiff must prove title. Whether the Plaintiff is entitled to a declaration of title, ejectment of the Defendant and damages for wrongful possession. Whether Deeds were void because the Defendant’s signatures were fraudulently obtained on blank papers without valuable consideration or justa causa.

SC Appeal 16/2011 Daya Somawathie Lokuge vs A.M. Hilda Enid Perera (Deceased) and others