| Decided Date | Case No | Parties | Judgment By | Keywords | Legislation | Document |
|---|---|---|---|---|---|---|
| 2011-12-16 | CA/0077/1997 (F) |
Withanage Pemadasa v. G. Hemasiri Wickramasinghe and Another
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Hon. Anil Gooneratne, J. | Partition action; Whether the original co-owner who died intestate had 4 or 5 children as successors to his inheritance; burden of proof on the Appellant according to Section 101 or 103 of the Evidence Ordinance. Held - Appeal dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-12-15 | CA/1147/1993 (F) |
Tennakoon Mudiyanselage Lalitha Kumari Ratnayake v. Nandawathie Dissanayake and Others
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Hon. Upaly Abeyrathne, J. | Challenged dismissal of partition action; failure to identify the corpus; necessary parties not before Court. Held - Appeal dismissed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-12-15 | CA/0953/2000 (F) |
J.P.C. Peiris and Another v. Williams Confectioneries Limited
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Hon. Upaly Abeyrathne, J. | Some of the seized movable property of the Appellants were released while claim against the other property seized was rejected due to inability to establish title; contended that Fiscal had entered wrong house and seized the property in the said house. Held - Based on evidence, Appeal allowed. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-12-15 | CA/0479/1996 (F) |
Sameer Hajiar Noona Umma v. Sameed Hajiar Abdul Hameed Hajiar
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Hon. A.W. Abdus Salam, J. | Challenged District Court judgement granting relief to the Respondent in a possessory action; credibility of witnesses and questions of fact; whether the Respondent had legal basis to institute possessory action. Held - Appeal dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-12-14 | CA/0784/1998 (F) |
M.M. Mohideen and Others v. Director General of Customs
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Hon. Anil Gooneratne, J. | Whether the Respondent named in the caption is not a legal person and that action cannot be filed or maintained nominee officii; District Court had dismissed the action with costs on the basis that no application to amend such defect was made; Sections 2 and 145(2) of the Customs Ordinance, and Section 93 of the Civil Procedure Code. Held - Appeal dismissed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-12-14 | CA/PHC/0197/2001 |
Nelson Bernard Hettiarachchi v. S.B. Bandusena, Secretary of the Ministry of Fisheries
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Hon. K.T. Chitrasiri, J. | Sought to set aside judgement of revision application in the High Court affirming Magistrate’s order of writ of possession of premises in application filed in terms of Government Quarters (Recovery of Possession) Act No.7 of 1969 (as amended); necessity to consider merits of the case prior to issuing writ; Section 7(1) of the Act and Section 7(2)(b) in Amending Act No. 45 of 1985. Held - Appeal dismissed with costs. Leave to Appeal refused. | Article 154P(6) of the Constitution read with Rule 2(1) of the Court of Appeal (Procedure for Appeals from the High Court established by Article 154P of the Constitution) Rules 1998; Government Quarters (Recovery of Possession) Act No.7 of 1969 (as amended) | Download |
| 2011-12-14 | CA/1016/1996 |
S. Hector de Silva v. Mohomed Haniffa Mohomed Musni
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Hon. Anil Gooneratne, J. | Malicious prosecution and arrest; right to complaint to the police when cheques issued are dishonoured; heavy burden of proof of malice is placed on the Appellant. Held - not sufficient to prove mere absence of reasonable and probable cause. Appeal dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-12-13 | CA/0872/1996 (F) |
Halambage Don Wilson v. V.M. Wilson and Another
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Hon. A.W. Abdus Salam, J. | The Appellant appealed against an order refusing a late amendment to the plaint and simultaneously dismissing his action after the schedule describing the subject matter had been omitted from the second amended plaint. Held - Although the refusal of the amendment was justified due to the Appellant’s delay, the trial judge had no authority to dismiss the action solely on that basis; the dismissal was set aside, the refusal of amendment affirmed, and the case remitted for trial without an order for costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-12-13 | CA/0769A/1996 (F); CA/0769B/1996 (F) |
H. Winnie Fernando and Another v. V.P. Malalasekara and Others
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Hon. A.W. Abdus Salam, J. | Partition action; sought to challenge District Court judgement on the grounds that the Appellant had possessed the corpus for more than 16 years on permission even after the judgement had been entered against him in the rei vindicatio action; Section 110 of the Evidence Ordinance. Held - no merit; Appeals dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-12-13 | CA/0769/1997 (F) |
Yakumbuge Salma Amanawattiya v. K.A. Tissa Kasthuriarachchi
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Hon. Anil Gooneratne, J. | Challenged the dismissal of Appellant’s claim for damages on grounds death was caused due to negligence of the deceased; maxim of res ipsa loquitur; vehicle in a state of unfit condition to be used as a vehicle; question of damages. Held - Appeal allowed. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-12-12 | CA/0351/2000 (F) |
Kadigamuwalage Podiya and Another v. Kadigamuwalage Saranelis and Others
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Hon. Upaly Abeyrathne, J. | Challenged District Court’s order in partition action; res judicata; relied on same title deeds as in District Court action. Held - Seeing no reason to interfere, Appeal dismissed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-12-12 | CA/WRT/0854/2008 |
Liyanage Danushka Sandamali De Silva v. Bank of Ceylon and Others
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Hon. S. Sriskandarajah, (P/CA) J. | The Petitioner, an alleged third-party mortgager, sought to quash the Board Resolution and the notice of Auction Sale to sell the property in suit issued by the 1st Respondent for default of the loan taken by the 10th Respondent. Held - Petitioner was aware of the default and deadline to repay loan, and was the Director of the 10th Respondent. Application dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-12-12 | CA/WRT/0609/2008 |
Lanka Marine Services (Pvt) Limited v. K.M. Sarathchandara and Others
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Hon. S. Sriskandarajah, (P/CA) J. | Industrial dispute referred to arbitration prior to privatisation of the Petitioner company; arbitrator only relied upon evidence of a retired employee of the Petitioner and was paid gratuity from the Ceylon Petroleum Corporation Thrift Society. Held - on the face of the record, arbitrator erred in fact; Writ issued. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-12-02 | CA/0257/1997 (F) |
Amarapathy Mudiyanselage M.J. Amarapathy v. Sumanasiri Harischandra and Others
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Hon. Anil Gooneratne, J. | Appeal against District Court judgement delivered at the re-trial for declaration of title and ejectment of the Appellant; failure to object to documents at closure of a case is evidence for all purposes of the law; improper procedure followed by Court; Registration of Documents Ordinance. Held - Respondents had not discharged burden of proof to establish title, and identity of corpus. Appeal allowed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-12-02 | CA/0906/1993 (F) |
G.W.P. Gunawardena v. Ceylon Heavy Industries & Construction Company Limited
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Hon. Anil Gooneratne, J. | Breach of contract claiming damages; Sections 12(3) and 35 of the Sale of Goods Ordinance; Section 150 of the Civil Procedure Code. Held - Appeal allowed. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-11-30 | CA/0292/2009 |
Kurusuththu Arokyanadar v. Commission to Investigate Allegations of Bribery and Corruption
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Hon. Sisira de Abrew, J. | The Appellant challenged his conviction under Section 19 of the Bribery Act for soliciting and accepting a bribe. Held - Defence evidence created reasonable doubt due to material contradictions in evidence; soliciting charges were defective due to material discrepancy in the alleged date of the offence. Appeal allowed and Appellant acquitted of all charges. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-11-29 | CA/0787/1996 (F) |
G.B. Piyadasa v. P.W. Dayasena
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Hon. A.W. Abdus Salam, J. | The Appellant challenged the District Court judgement dismissing his action for declaration of title and ejectment. Rei vindicatio action requires establishment of balance of probabilities, both the identity of corpus and title. Held - Deeds relied upon did not establish title to entirety of land in suit. Appeal dismissed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-11-25 | CA/0222/1997 |
A.T. Gunadheera and Another v. J.H. Daisy Jayakuru and Another
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Hon. Anil Gooneratne, J. | Action for declaration of title and ejectment, akin to rei vindicatio; Petitioner must succeed on strength of own title; chain of title in deed found illegible and its extent did not tally with subsequent deed of declaration; Respondents\' claim to title also unproven; District Judge\'s finding on possession undisturbed. Held - District Court judgment set aside and case sent back for re-trial due to unresolved discrepancy in extent of title. | The Constitution of the Democratic Socialist Republic of Sri Lanka; Section 154 of the Civil Procedure Code | Download |
| 2011-11-24 | CA/0686/1999 (F) |
Abdul Majeed Ummu Thahira v. Commulage Don Mable Jeeny Rose
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Hon. W.L. Ranjith Silva, J. | The Appellant challenged the District Court judgement upholding the Respondent’s title to the premises in suit, contending that the relevant deed was invalid as it bore only the executant’s left thumb impression without a separate mark in terms of Section 2 of the Prevention of Fraud Ordinance No. 7 of 1840. Held - such non-compliance concerned the form and did not invalidate an otherwise valid deed under Section 33 of the Notaries Ordinance. Appeal dismissed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka; Prevention of Fraud Ordinance No. 7 of 1840; Notaries Ordinance of 1901 | Download |
| 2011-11-24 | CA/0350/1998 (F) |
W. S. Senaratne v. Kasun Jeewantha Ratnayake
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Hon. Anil Gooneratne, J. | The Appellant challenged the District Court’s order refusing to set aside an ex parte judgment entered against him. The Appellant claimed that summons had not been served. Evidence from the process server established substituted service. Held - Appellant failed to show valid or reasonable grounds for default under Section 86(2) of the Civil Procedure Code. Appeal dismissed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-11-24 | CA/0351/1998 (F) |
W. S. Senaratne v. Kasun Jeewantha Ratnayake
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Hon. Anil Gooneratne, J. | The Appellant challenged the District Court’s order refusing to set aside an ex parte judgment entered against him. The Appellant claimed that summons had not been served. Evidence from the process server established substituted service. Held - Appellant failed to show valid or reasonable grounds for default under Section 86(2) of the Civil Procedure Code. Appeal dismissed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-11-24 | CA/0721/2000 (F) |
Walpitagamage Dharmadasa v. Manawaduge Ebert
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Hon. Upaly Abeyrathne, J. | The Appellant challenged the District Court order declaring title in favour of the Respondent, contending that the transfer deed was executed only as security for a loan and gave rise to a constructive trust under Section 83 of the Trusts Ordinance. Held - the agreed period for re-transfer had expired without payment, after which Respondent became absolute owner. Appeal dismissed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-11-23 | CA/0212/1997 (F) |
Akmon Wimalasiri Devasurendra v. Thamara Kumari Wijesundera
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Hon. A.W. Abdus Salam, J. | Judgement and decree given in favour of the Appellant for specific performance of an agreement to sell was successfully appealed in this Court; Trial taken up de novo and District Judge dismissed Appellant\'s action on the preliminary objection of maintainability of the action as the agreement provided for payment of damages and not specific performance; Appellant appealed against the same. Held - Appeal dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka; Section 147 of the Civil Procedure Code | Download |
| 2011-11-21 | CA/1316/1996 (F) |
Kodikarage Mohottihami v. Lekamalage Chandanahamige Podimahattaya
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Hon. Rohini Marasinghe, J. | Rei vindicatio action for declaration of title and ejectment; existence of separate Court of Appeal judgement for action on prescriptive title by Appellant. Held - Seeing no reason to interfere, Appeal dismissed. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-11-15 | CA/0406/1997 (F) |
G.A. Panis v. Pulanhinige Jayasena and Another
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Hon. Anil Gooneratne, J. | The Appellant appealed the District Court judgement of a partition action. Based on evidence, District Court Judge found Appellant was never in possession of the land in suit. Held - seeing no reason to interfere, Appeal dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-11-15 | CA/1131/1996 (F) |
Minimuthu Pathirannehelage Stephen v. Mercantile Credit Limited
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Hon. A.W. Abdus Salam, J. | The Appellant challenged the District Court judgement imposing liability on him as guarantor under a hire purchase agreement, arguing that only one decree could be entered in the action; Section 188 of the Civil Procedure Code. Held - the hirer and guarantors were jointly and severally liable, and judgment against some defendants did not prevent judgment against another as per Section 89 of the Civil Procedure Code. Appeal dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka; Civil Procedure Code | Download |
| 2011-11-15 | CA/0086/2006 |
Mohamed Mustapah Faiz v. Hon. Attorney General
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Hon. D.S.C. Lecamwasam, J. | The Appellant, a school teacher convicted of cruelty to a child under Section 308A of the Penal Code, appealed against the sentence. Held - considered assault to be a spontaneous act of excessive discipline without premeditation, malice or prior similar conduct; therefore, sentence reduced with fine to be treated as State costs. | Section 331 of the Code of Criminal Procedure Act No. 15 of 1979 | Download |
| 2011-11-09 | CA/PHC/0105/1999 |
Buddhipala Sirimanne v. A.K.S. Sumanapala and Another
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Hon. Sisira de Abrew, J. | The Appellant appealed against the High Court order setting aside the order of the Magistrate Court decided in favour of the Appellant. Held - Based on the evidence placed before Court, High Court order is set aside, and the judgement of the Magistrate is affirmed. Appeal allowed. | The Constitution of the Democratic Socialist Republic of Sri Lanka; Section 66 of the Primary Courts Procedure Act No 44 of 1979 | Download |
| 2011-11-09 | CA/PHC/APN/0052/1998 |
Buddhipala Sirimanne v. A.K.S. Sumanapala and Another
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Hon. Sisira de Abrew, J. | Proceedings terminated as parties agreed to abide by order delivered in CA (PHC) No. 105/1999. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-11-08 | CA/0825/1998 (F) |
L. Supulawathie de Silva v. P. Gnanasiri de Silva and Others
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Hon. Anil Gooneratne, J. | The Appellant challenged the District Court judgement dismissing her action for declaration of title, ejectment and damages, relying on prescriptive title. Held - Evidence did not establish continuous and adverse possession required for the prescriptive period; mere possession was insufficient to establish prescription. Appeal dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-11-08 | CA/0195/1997 (F) |
A.D. Wimala Perera v. Harsha Kumara Hettiwatte and Others
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Hon. Anil Gooneratne, J. | The Appellant faced a preliminary objection that the appeal was defective for failing to name all the necessary parties under the partition decree and for failing to provide security for costs. Held - Such omissions were curable under Section 759(2) of the Civil Procedure Code; permitted amended petition subject to payment of costs. Preliminary objections overruled. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-11-04 | CA/0286/1993 (F) |
Suad Ahmad Mohamed Saleh Baeshen and Others v. Stassen Exports Limited and Another
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Hon. Rohini Marasinghe, J. | The Appellants challenged the District Court judgement setting aside the Registrar’s decision permitting registration of the trademark in Arabic script. Held - The transliteration conveyed in the target market was likely to cause confusion. Appeal dismissed; District Court judgement affirmed. | The Constitution of the Democratic Socialist Republic of Sri Lanka; Code of Intellectual Property No 52 of 1979, as amended by Act No 30 of 1980 | Download |
| 2011-11-04 | CA/0714/1996 (F) |
Nuwarapassa Padiduralage Gunendra and Another v. Alliance Finance Company Limited
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Hon. Upaly Abeyrathne, J. | The Appellants challenged the District Court judgement holding them liable for sums due under a hire purchase agreement, contending that the vehicle had been robbed by terrorists and was inadequately insured against robbery. Held - alleged robbery had not been proved as no police complaint or other supporting documentation was produced; therefore, issue of insurance did not arise. Appeal dismissed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-11-04 | CA/1197/1996 (F) |
Suraweera Aratchige Babinona v. V. Karunaratne and Others
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Hon. Anil Gooneratne, J. | The 30th Defendant-Appellant challenged the allocation of shares in a partition action, based on the fact that the District Court had failed to properly consider the chain of title and certain deeds affecting the devolution of shares. Held - The allocation of shares had to be determined precisely. The validity and effect of deed depended on the relevant devolution of title and the application of Sections 66(1) and 66(2) of the Partition Act. | The Constitution of the Democratic Socialist Republic of Sri Lanka; Partition Act | Download |
| 2011-11-03 | CA/1142/1996 (F) |
W.K. Abeyratna v. Gangabodage Somapala and Others
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Hon. Anil Gooneratne, J. | The Appellant challenged the District Court order accepting an alternative partition plan instead of the Commissioner’s final plan. Held - Appeal allowed with costs as original final plan had been prepared in accordance with the interlocutory decree, proportionate shares and existing buildings and plantations, while the alternative plan had been introduced much later. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-11-02 | CA/0135/1997 (F) |
H.G. Abeyratne v. M.I.M. Farook
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Hon. Anil Gooneratne, J. | The Appellant challenged the District Court order setting aside an ex parte judgement subject to prepayment of costs in a rent and ejectment action, despite Respondent’s repeated absences. Held - Although Respondent’s conduct contributed to delay, his counsel’s genuine illness was excusable ground for non-appearance. Appeal dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-11-01 | CA/0237/1997 (F) |
Lalitha Jewellery Pvt Ltd v. The Deputy Director of Customs and Another
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Hon. A.W. Abdus Salam, J. | The plaintiff company sought damages following a Customs inquiry that resulted in the forfeiture of five gold plates and the imposition of a penalty. The District Court found that the gold had been unlawfully imported and purchased by the plaintiff, and that the penalty was properly imposed. Held - found no basis to interfere with the trial judge’s evaluation of the evidence; Application dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-11-01 | CA/0423/1997 (F) |
H.K. Siriyadasa and Another v. G. Jayawathie and Others
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Hon. Anil Gooneratne, J. | The Appellants challenged the District Court’s refusal to set aside an ex parte judgement, claiming that the 1st Appellant had been unable to attend court after being bitten by a reptile. Held - seeing no acceptable ground to set aside the order, Appeal dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-11-01 | CA/0344/2007 |
Don Athukoralage Indrasiri v. Hon. Attorney General
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Hon. W.L. Ranjith Silva, J. | The Appellant challenged his conviction and death sentence for the murder of his wife, contending that the trial judge had misdirected himself in evaluating the circumstantial evidence and delayed pronouncing judgement. Held - Seeing no reason to interfere, Appeal dismissed. | Section 331 of the Code of Criminal Procedure Act No. 15 of 1979 | Download |
| 2011-10-31 | CA/0247/1997 |
M.P. Sumanawathi v. M.B. Jayakaduwa
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Hon. Anil Gooneratne, J. | The Appellant challenged the District Court’s dismissal of her action for declaration of title, ejectment and damages. Held - Although Appellant relied on documentary title, she had failed to establish possession or properly identify the boundaries of the land. Appeal dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-10-31 | CA/0922/1996 (F) |
Warnakulasooriya Leo Herbert Ranjith Fernando v. The Finance Company (Pvt) Limited and Others
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Hon. A.W. Abdus Salam, J. | The Appellant challenged the Additional District Court’s judgment holding him liable as guarantor under a hire purchase agreement, contending that the agreement had not been explained to him, that he had signed blank papers, and that there was no consideration. Held - defences were unsupported by evidence; the principal debtor had admitted receipt of consideration and default. Appeal dismissed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-10-28 | CA/WRT/0193/2009 |
Herbert S. Jayasuriya and Two Others v. H. Sumanapala, Commissioner of Local Government of the Western Province
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Hon. H.N.J. Perera, J. | The Petitioners sought to quash a quit notice issued under State Lands (Recovery of Possession) Act No. 7 of 1979 and prevent their eviction from the premises in suit occupied by their sports club. Held - Respondent was competent authority to issue notice in terms of Provincial Councils (Consequential Provisions) Act No. 12 of 1989. Application dismissed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-10-28 | CA/0836/2000 (F) |
Monta Garment Industries Limited v. People’s Bank
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Hon. Upaly Abeyrathne, J. | The Appellant challenged the Additional District Court’s refusal to set aside an ex parte decree, contending that summons had not been duly served and that the action had abated. Held - service by registered post was permissible under Section 60 of the Civil Procedure Code; no evidence supporting abatement. Appeal dismissed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-10-27 | CA/LA/0404/2005 |
Deitma Doering v. W.H. Thamara Doering and Another
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Hon. Eric Basnayake, J. | Leave to Appeal; The Petitioner challenged the District Court’s decision to postpone ruling on objections to issues concerning gross ingratitude arising from a deed of gift. Held - the pleaded facts were sufficient to permit those issues to be raised, although the District Judge should have ruled on the objections immediately rather than at the end of trial. Appeal partly allowed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-10-27 | CA/0191/1997 (F) |
M.S.B.S.M. Ajith Senanayake v. L.B. Finance Company
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Hon. Anil Gooneratne, J. | The Appellant challenged the District Court’s order disallowing most of his claims to movable property seized in execution of a decree. Held - no statutory right of appeal existed against the claim inquiry order in terms of Section 247 of the Civil Procedure Code; the circumstances justified exercising revisionary jurisdiction to prevent a miscarriage of justice in terms of Article 138(1) of the Constitution. Appeal allowed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka; Civil Procedure Code | Download |
| 2011-10-27 | CA/0740/2000 (F) |
Appa Kuttige Karolis Perera v. Appa Kuttige Simion Perera and Two Others
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Hon. A.W. Abdus Salam, J. | The Appellant challenged the District Court’s decision dissolving the decree nisi and dismissing his testamentary action seeking probate of the alleged Last Will; preliminary objection on maintainability in terms of Section 754(2) of Civil Procedure Code rejected. Held - serious doubts concerning the signature, the Notary’s seal, the identity of an attesting witness, and conflicting evidence on execution. Appeal dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-10-25 | CA/0263/1997 (F) |
Nihal Ranjith Weerawarna v. Hubert Walter Tschope
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Hon. Anil Gooneratne, J. | The Appellant challenged the District Court’s judgment granting the Respondent possession under a 99-year lease, arguing prescription, non-payment under the lease, and misdescription of the property. Held - Section 6 rather than Section 4 of the Prescription Ordinance applied; evidence supported the Respondent’s payments and identification of the property. Appeal dismissed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-10-24 | CA/WRT/0546/2010 |
Ceylinco Homes International (Lotus Tower) Limited v. Commissioner General of Labour and Others
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Hon. H.N.J. Perera, J. | The Petitioner sought to quash the 1st Respondent’s order directing payment of compensation to three employees whose services had been terminated due to vis major or supervening impossibility. Held - terminations were effected without the required approval under the Termination of Employment of Workmen (Special Provisions) Act; the 1st Respondent had jurisdiction to award compensation. Application dismissed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka; Termination of Employment of Workmen (Special Provisions) Act | Download |
| 2011-10-24 | CA/0930/1996 (F) |
Kubulgoda Kankanamge Piyadasa v. Kubulgoda Kankanamge Edwin and Another
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Hon. A.W. Abdus Salam, J. | The Appellant challenged the District Court’s refusal to set aside a consent judgment entered after the parties settled an action for declaration of title and ejectment. Held - Seeing no reason to interfere, Appeal dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-10-20 | CA/0020/1998 (F) |
R.R.N. Wijegunawardene v. K. Don Leslie Bandula Kumarasiri and Others
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Hon. Anil Gooneratne, J. | The Appellant challenged the District Court’s refusal to set aside a judgment and final decree entered in a partition action. The Court noted that objections to the final survey should have been made within 30 days under Section 48(4) of the Partition Act No 21 of 1977, but the application was made about seven months later. Held - Appeal and/or revision application dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-10-19 | CA/0591/1999 (F) |
W. Gunawathie and Others v. P.D. Ratnetilaka
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Hon. Anil Gooneratne, J. | The Appellants challenged the District Court’s dismissal of their action alleging private nuisance arising from the Respondent’s timber depot operations. Held - no basis to disturb the District Judge’s factual finding that private nuisance had not been proved on a balance of probabilities; the Appellants had also failed to prosecute the appeal. Appeal dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-10-17 | CA/1542/2004; CA/LA/0456/2004 |
Remico Industries (Pvt) Limited v. Sarojini Lawrence and Others
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Hon. Anil Gooneratne, J. | The Petitioner challenged the District Court’s order granting the Respondent delivery of possession under Section 52 of the Partition Law, claiming protection as a lessee under Section 14(1) and 22 of the Rent Act. Held - Seeing no reasons to interfere, Appeal dismissed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-10-14 | CA/LA/0289/2004 |
R.A.Y.S. Ramani v. W.S. Jayasooriya and Another
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Hon. Eric Basnayake, J. | Leave to Appeal; The Petitioner challenged the District Court’s ruling that it had jurisdiction to hear an action concerning the width of a roadway without a Mediation Board certificate. Held - where the parties had already invoked the Primary Court’s jurisdiction and an order had been made under Sections 68 or 69 of the Primary Courts Procedure Act, a separate certificate under Section 7(1) of the Mediation Boards Act was unnecessary. Appeal dismissed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka; Mediation Boards Act No 72 of 1988 | Download |
| 2011-10-14 | CA/0250/1997 (F) |
W.M. Princess Fernando and Others v. K.A. Gunasekera Appuhamy and Another
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Hon. Anil Gooneratne, J. | The Appellants challenged the partition judgment and sought to introduce additional title deeds as fresh evidence. Held - Appellants had failed to establish that the deeds could not have been obtained with reasonable diligence for use at the trial. Appeal dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-10-14 | CA/0003/1997 (F) |
Premasiri Dias Balasuriya v. Padukkage Jayantha Samaratunge
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Hon. Upaly Abeyrathne, J. | The Appellant challenged the decree entered pursuant to a settlement in a matrimonial action. Held - the petition of appeal had been filed more than 60 days after the decree, contrary to the mandatory requirements of Section 755(3) of the Civil Procedure Code; no explanation for the delay had been given in the petition. Appeal dismissed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-10-13 | CA/WRT/0186/2011 |
Jayampathi Pathirana and Another v. K.A. Vajira Kumarihamy, Principal of Maliyadeva Balika Vidyalaya and Others
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Hon. H.N.J. Perera, J. | The Petitioners challenged the refusal to admit the 2nd Petitioner to Grade 1 of a certain school. Held - Respondents had followed Circular No. 21/2010; the Petitioners failed to lodge objections under the prescribed procedure; no mala fides were alleged. Application dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-10-12 | CA/1345/2000 (F) |
V.P. Susil Premaratne v. Hewawasampitabendi Badathurage Kantha Pushpakumara and Two Others
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Hon. Upaly Abeyrathne, J. | The Appellant challenged the Additional District Court’s order dismissing his action for declaration and permanent injunction after refusing an application for postponement. Held - Section 145 of the Civil Procedure Code did not empower the trial court to dismiss the action forthwith, but required it to proceed to decide the action on the available evidence. Held - Appeal allowed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka; Civil Procedure Code | Download |
| 2011-10-10 | CA/WRT/1774/2006 |
Kulasekera Mudiyanselage Nimal Kulasekera v. Commissioner General of Excise and Others
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Hon. S. Sriskandarajah, (P/CA) J. | The Petitioner challenged the cancellation of his FL22A liquor licence and sought an application and licence for 2007; the licence had been cancelled after a charge sheet, hearing and repeated breaches of licence conditions; issuing a 2007 licence in 2011 would be futile. Held - Seeing no merit, Application dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-10-07 | CA/0200/1997 (F) |
Jayasuriy Arachchige Somapala Katugallagarna v. O. Leelawathie Perera
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Hon. Anil Gooneratne, J. | The Appellant challenged the District Court’s treatment of the proceeds from three mahogany trees cut from the partitioned land, claiming entitlement to the money deposited in court. Held - the District Judge had directed the value of plantations and improvements to be distributed proportionately among the parties and noted the Appellant’s own admission supporting proportional division. Appeal dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-10-07 | CA/0336/1997 (F) |
B.J. Sarath de Fonseka v. Union Trust and Investment Limited and Another
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Hon. Anil Gooneratne, J. | The Appellant challenged the District Court’s judgment holding him liable as guarantor under a Guarantee Bond, arguing that no valid demand had been made on him. Held - letter of demand had been duly dispatched; cause of action against the guarantor had therefore arisen. Appeal dismissed with costs. | Article 138(1) of the Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-10-06 | CA/PHC/0182/2000 |
Galaudakanda Wathukarage Siripala v. Thotapitiya Archchige Abeypala
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Hon. Sisira de Abrew, J. | The Appellant challenged the High Court revision order setting aside his acquittal and directing retrial on charges of grievous and simple hurt in terms of Sections 314 and 316 of the Penal Code. Held - Magistrate had erred in fact, misdirected on medical evidence and improper reliance on unproduced police statement of deceased witness. Appeal dismissed. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-10-06 | CA/0323/1997 (F) |
Alvitigalage Padmasiri v. K.L. Anulawathie
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Hon. Anil Gooneratne, J. | The Appellant challenged the District Court’s dismissal of his action for declaration of title and ejectment. Held - compliance with Section 41 of the Civil Procedure Code was mandatory; the land in dispute had not been described with sufficient precision for execution of a decree. Appeal dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-10-06 | CA/0857/1999 (F) |
W.A. Cyril v. H. Sugathadasa
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Hon. A.W. Abdus Salam, J. | The Appellant challenged the District Court’s judgment ordering his ejectment from the premises after termination of a licence. Held - the Defendant was a licensee; the Respondent was entitled to eject the licensee even without proving ownership of the land. Appeal dismissed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-10-05 | CA/0579/2009 |
W.M.A. Perera v. People’s Bank and Another
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Hon. S. Srikandarajah (P/CA), J. | The Petitioner sought to quash an arbitral award denying him a pension after his dismissal from the 1st Respondent Bank, despite a prior High Court ruling that the dismissal was unjustified and awarding compensation in lieu of reinstatement. Held - under the bank’s Pension Rules, entitlement required an employee to be 55 years of age and possessing over 10 years of service; the Petitioner had not been reinstated and was not in service upon reaching retirement age. Application dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-10-05 | CA/0579/2009 |
W.M.A. Perera v. People’s Bank and Another
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Hon. S. Sriskandarajah, (P/CA) J. | Writ application against dismissal order made by Labour Tribunal and compel 1st Respondent to act according to provisions relating to Provident Fund and Pension Scheme. Held - Seeing no reason to interfere, Appeal dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-10-04 | CA/0175/1997 (F) |
Pallage Podinona v. Prathapage Nonachchi and Others
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Hon. Anil Gooneratne, J. | The Appellant challenged the District Court’s judgment in a partition action, claiming prescriptive title to the entire land through exclusive possession by her predecessors. Held - no evidence of independent adverse possession or any overt act sufficient to establish prescription. Appeal dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-10-03 | CA/0624/2001 (F) |
Janeetha Martel Loren Perera nee Coorey v. Weerasinghe Arachchige Amarawathie and Others
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Hon. A.W. Abdus Salam, J. | The Appellant challenged the dismissal of her action for declaration of title, possession and ejectment, which resulted from two issues raised by the District Judge only at the stage of judgement. Held - issues had been improperly introduced after trial. Appeal allowed. | The Constitution of the Democratic Socialist Republic of Sri Lanka; Civil Procedure Code | Download |
| 2011-09-30 | CA/0289/1997 |
Kankanamge Dayananda v. Wijesekara Liyanage Piyasena
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Hon. Anil Gooneratne, J. | The Appellant appealed against the refusal to set aside an ex-parte judgement entered after failing to file an answer on time. He claimed his proctor’s clerk had mistakenly recorded the filing date. Held - The Appellant failed to discharge the burden of justifying his default; Appeal dismissed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-09-30 | CA/PHC/APN/0017/2006 |
Jayantha Wickremasinghe Gunasekara alias Kananke Dhammadinna v. Jayatissa Wickremasinghe Gunasekara and Others
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Hon. A.W. Abdus Salam, J. | Revision under Article 138 of the Constitution; dispute over possession between two brothers under Section 66 of the Primary Court Procedure Act; whether an appeal under Article 154P(3)(b) automatically stays execution of a High Court revisionary order. Held - High Court judgement set aside and Magistrate’s determination restored as endeavour to settle under Section 66(7) considered satisfied (doctrine of approbation and reprobation applies). | The Constitution of the Democratic Socialist Republic of Sri Lanka; Primary Court Procedure Act | Download |
| 2011-09-30 | CA/1003/2000 (F) |
Thilakamuni Patrick de Silva v. Peoples’ Bank
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Hon. Upaly Abeyrathne, J. | The Appellant sought the intervention of this Court against the judgement of the District Court of Colombo to recover damages due to an alleged breach of a loan agreement. Held - Application dismissed with costs as the Appellant failed to prove his case on balance of probabilities. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-09-30 | CA/1246/1996 (F) |
Rex Parinda Wanagasekara v. Devundara Liyanage Chandrasena de Silva and Others
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Hon. Upaly Abeyrathne, J. | The Plaintiff appealed against the dismissal of his action for failing to comply with a court order directing the pre-payment of costs following his application to amend the plaint during trial. Held - the Plaintiff was bound by the consent given by his Attorney-at-Law to the order for costs and could not avoid its consequences; as the costs were not paid as directed, the trial judge was justified in dismissing the action. Appeal dismissed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-09-29 | CA/1152/1996 (F) |
K.H. Piyadasa v. P.H. Ekanayaka
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Hon. A.W. Abdus Salam, J. | The Appellant challenged the District Court judgement given in favour of the Respondent, who sued to recover a sum due on a cheque issued by the Appellant for timber, despite the Appellant claiming it was security. Held - Appeal dismissed without costs due to finding of no miscarriage of justice. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-09-23 | CA/REV/0868/2006 |
K.P. Christy Joy and Another v. Samuel A. Meshadurai
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Hon. Eric Basnayake, J. | The Petitioners sought to revise and set aside the consent judgement of the District Court of Jaffna, requiring them to prove co-ownership or vacate the land in suit. Held - no exceptional circumstances existed; affirmed the binding nature of the consent decree. Application dismissed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-09-23 | CA/EP/0002/2010 |
Weersasinghe Arachchige Krishantha Pushpakumaraa v. Dayananda Dissanayake, Commissioner of Elections and Others
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Hon. Sisira de Abrew, J. | Election petition challenging election of the 4th and 5th Respondents as Members of Parliament for Galle District; preliminary objection on maintainability upheld; Petitioner’s averments fell under Section 92(1) (electoral district) rather than the mandatory grounds under Section 92(2) (candidate election) of the Parliamentary Elections Act. Held - Application dismissed without costs for failing to plead grounds under Section 92(2). | Parliamentary Elections Act No. 1 of 1981 (as amended) | Download |
| 2011-09-09 | CA/0354/1996 (F) |
Weligama Palliya Guruge Nandawathie and Others v. Wickramasinghe Mudiyanselage Sirisena and Others
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Hon. A.W. Abdus Salam, J. | The Appellants challenged an order of the District Court of Galle refusing special leave under Section 48(4) of the Partition Act following their absence at trial. Held - such an order is not a final judgement appealable as of right under Section 754(1) of the Civil Procedure Code, but an interlocutory order appealable only with prior leave under Section 754(2). Appeal dismissed without costs. | Section 760A of the Civil Procedure Code | Download |
| 2011-09-09 | CA/LA/0114/2005 |
R.L. Nilgiriya and Another v. Gamini De Soysa and Others
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Hon. Eric Basnayake, J. | The District Court Judge had set aside an abatement order and allowed substitution of heirs after the death of the 1st plaintiff in a property action. Held - abatement cannot be ordered ex mero motu (on the court’s own motion) under Section 402 of the Civil Procedure Code without notice to the parties. Leave to Appeal refused with costs as sufficient cause for delay had been established and substitution was proper. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-09-05 | CA/0087/1997 (F) |
A.M. Leelawathie v. Sirisena Liyanaarachchi
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Hon. A.W. Abdus Salam, J. | The Appellant challenged the District Court’s judgement dismissing the Appellant’s action for a declaration of title and ejectment of the Defendant from the land in suit. Evidence adduced at the trial suggested co-ownership, and a partition action was deemed most appropriate. Held - seeing no reasons to interfere, Appeal dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-08-26 | CA/LA/0354/2005 |
D.G. Yasasiri v. National Development Bank of Sri Lanka and Another
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Hon. Eric Basnayake, J. | Leave to Appeal to set aside Additional District Judge’s order and have the Petitioner be granted unconditional leave to appear and show cause against decree nisi in action filed under the Debt Recovery (Special Provisions) Act No 2 of 1990 (as amended by Act No 9 of 1994). Held - Affidavit filed by Petitioner failed requirements in Section 6(2) of the Act. Appeal dismissed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka; Debt Recovery (Special Provisions) Act No 2 of 1990 (as amended) | Download |
| 2011-08-25 | CA/WRT/0807/2008 |
Asian Paints (Lanka) Limited v. Director General of Customs and Excise and Another
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Hon. S. Sriskandarajah, (P/CA) J. | The Petitioner challenged the decision of the 1st Respondent demanding computation of excise duty on VAT inclusive of wholesale price in terms of Section 5(1)(a) of the Value Added Tax Act No 14 of 2002; preliminary objection on maintainability without paying due excise duty in terms of Section 10(1); Section 7(1) of the Excise (Special Provisions) Act. Held - Preliminary objection overruled; ‘normal price’ is the price of the article sold to a buyer excluding VAT. Appeal allowed. | The Constitution of the Democratic Socialist Republic of Sri Lanka; Excise Duty (Special Provisions) Act No 13 of 1989 | Download |
| 2011-08-25 | CA/LA/0260/2005 |
W.L.P.H. Somasiri Wijesinghe v. W.L.P. Victor Somasiri Wijesinghe and Others
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Hon. Eric Basnayake, J. | Leave to Appeal to set aside Additional District Judge’s order given in partition action; restoration in terms of Section 87 of the Civil Procedure Code. Held - Appeal dismissed with costs due to lack of merit. | The Constitution of the Democratic Socialist Republic of Sri Lanka; Civil Procedure Code | Download |
| 2011-08-25 | CA/REV/0874/2004 |
Ediriweera Gamage Babynona and Others v. Ediriweera Gamage Matheshamy and Others
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Hon. S. Sriskandarajah, (P/CA) J. | The Petitioner sought revision of District Court order partitioning the corpus according to new plan instead of initial final plan. Held - Seeing no reason to interfere, Application dismissed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-08-23 | CA/0042/2008 |
J.C. Procter v. S.W.B. Wadugodapitiya, Chairman of the Administrative Appeal Tribunal and Others
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Hon. S. Sriskandarajah, (P/CA) J. | The Petitioner challenged the decision of the Administrative Appeal Tribunal dismissing the application filed against the National Police Commission’s decision relating to the seniority list and promotion of the Petitioner; contention is an independent claim based on erroneous marks given while Fundamental Rights application was still pending. Held - writs issued. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-08-23 | CA/0099/1995 (F) |
Ekanayake Ratnayake Wasala Mudiyanse Ralahamilage Dukganna Walawwe Punchi Bandara Ratnayake v. Land Reform Commission
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Hon. Upaly Abeyrathne, J. | The Appellant challenged the dismissal of declaration of title action by Additional District Judge; objection on failure to comply with procedure in Section 4(1) of the Land Reform Law; dominant title to land in suit decided based on balance of probability. Held - Seeing no reason to interfere, Appeal dismissed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka; Land Reform Law No 1 of 1972 | Download |
| 2011-08-22 | CA/0981/2008 |
H.K.G.C. Mallilka Kumarihamy and Others v. Divisional Secretary of Kundasale and Others
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Hon. S. Sriskandarajah, (P/CA) J. | The Petitioners challenged the Respondent’s decision to charge for the allocation of the State lands in terms of a certain 1995 valuation report, contending that the land kachcheri along with a valuation was held in 1993. Held - Valuation carried out in 1993 was for a different purpose. Application dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-08-22 | CA/LA/0496/2003 |
Lalith Kumarage and Another v. Ven Ahungalle Vimalanandatissa Thero and Another
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Hon. Eric Basnayake, J. | Leave to Appeal; revocation and new proxy accepted while postponement of trial date was refused; Section 82 and 143 of the Civil Procedure Code. Held - Appeal allowed; District Court Judge directed to hear case de novo. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-08-22 | CA/1175/1999 (F) |
Kandanarachchige Chandra Malani Gunaratne Batugedara v. Don Lincoln Lionel Wijesinghe and Others
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Hon. A.W. Abdus Salam, J. | The Appellant challenged the trial judge’s interlocutory decree denying prescriptive title to the entire corpus in the partition action; uninterrupted possession of more than 10 years as a licensee. Held - Based on evidence, no adverse possession of the Appellant. Appeal dismissed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-08-04 | CA/0094/1996 (F) |
Mrs. K. Ranjani Rajapathirana v. Mrs. Babynona Rajapaksha
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Hon. Upaly Abeyrathne, J. | The Appellant appealed against the District Court judgement dismissing the Appellant’s ejectment and damages action; whether the premises in suit run as a boarding house was a business premises exempted in terms of Regulation 3 of the Schedule to the Rent Act. Held - Balance of probabilities in favour of the Appellant. Appeal allowed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka; Rent Act No 7 of 1972 | Download |
| 2011-08-04 | CA/0259/1997 (F) |
L. Gunadasa v. A.P. Soma Dharmalatha
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Hon. Sisira de Abrew, J. | The Appellant appealed to set aside the District Court judgement refusing entitlement to right of way over Respondent’s land, on the basis of necessity. Held - Alternative road of access available. Appeal dismissed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-08-03 | CA/0142/1997 (F) |
Anura Kartheris v. Indrani Ranasinghe
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Hon. Anil Gooneratne, J. | The Appellant challenged the District Court judgement given in favour of the Respondent in action for recovery of a certain sum of money and legal interests; valuable consideration; failure to obtain leave to appeal or revision cannot affect right of appeal. Held - Appeal allowed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-08-02 | CA/0647/1996 (F) |
Dona Elizebeth Attygala v. Dona Karunawathie Subasinghe and Others
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Hon. K.T. Chithrasiri, J. and Hon. Sisira de Abrew, J. | No co-owner left out during transfer of land, and all had agreed to a clearly separated and defined parcel of land alienated to the predecessor in title of Respondents from the larger land. Held - Petitioner entitled to obtain declaration of title without partition action; such transferee does not become a co-owner of the larger land. Appeal allowed with costs dismissing District Court judgement dismissing the Petitioner’s application for declaration of title. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-08-02 | CA/0177/1997 (F) |
A. Samarasiri Kaluarachchi v. Mallika Iranganie Wadupola
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Hon. Anil Gooneratne, J. | The Appellant challenged the dismissal by District Court of divorce action on grounds of malicious desertion. Held - seeing no merit, Appeal dismissed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-08-01 | CA/WRT/0140/2011 |
D.M.Ananda Dassanayake Vs. Dayananda Dissanayake, T.A.C.N. Thalangama, Prema Dissanayake, A.D.Susil Premajayantha, and Others
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Hon. Bandaranayake,J. | Election Petition, Withdrawal of Application | Article 128 Constitution. | Download |
| 2011-07-28 | CA 1193/96 (F) |
Leelaratne Dassanayake v. Nicholas Marcus Fernando, Archbishop of Colombo and Another
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A.W. Abdus Salam, J. | Plaintiff\'s action for declaration of title dismissed by District Court for lack of proof. Defendants\' counter-claim also dismissed. Held - reversed the dismissal of the counter-claim, finding the Archbishop of Colombo held a clear, unbroken chain of title dating to 1888. Appeal allowed; 1st Defendant declared lawful owner. No costs awarded. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-07-28 | CA/1132/1996 (F) |
Mahadurage Yasilin and Another v. Denagamage Samel and Another
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Hon. A.W. Abdus Salam, J. | Appeal against the District Court judgement where the Respondents were held to be the owners of the subject matter; learned District Judge had arrived at the said decision after careful perusal of evidence placed before it and credible witnesses. Held - seeing no reason to interfere, Appeal dismissed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-07-27 | CA/WRT/679/2008 |
Basnayake Kariyapperumalage Nihal Rupasinghe v. The Air Force Commander and Another
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Hon. S. Srikandarajah, (P/CA) J. | Petitioner sought intervention of this Court to obtain permanent pension and quash the decision for not granting \'combat casualty status\' for injury allegedly sustained from terrorist attack. Held - Based on evidence, decision of injury due to misfire of own weapon is not unreasonable. Application dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-07-27 | CA/0236/1997 (F) |
Distilleries Company of Sri Lanka Limited v. A.S. Mohammed Hassan
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Hon. Anil Gooneratne, J. | Breach of contract for sale of portable rectified spirits; whether time of delivery was of the essence; plaintiff failed to deliver balance quantity per delivery schedule despite extensions of letter of credit; goods found to vary from sample and defective in quality/packing; trial judge\'s findings on delivery schedule and sample-quality issues held misdirected. Held - Appeal allowed in part, District Court judgment set aside. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-07-25 | CA/WRT/0681/2007 |
K.U.R. Wickremasinghe v. Secretary of the Ministry of Trade, Commerce & Consumer Affairs and Others
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Hon. S. Srikandarajah, (P/CA) J. | Petitioner sought to compel Respondents to pay the specified entitlements of balance salary upto date of retirement; Petitioner had expressly rejected new placement and chose to retire early. Held - no public duty on Respondents to grant benefits. Application dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-07-15 | CA/WRT/1142/2006 |
Mohammed Abusally Ahamed Nazeer v. Divisional Secretary of Akkaraipattu and Others
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Hon. S. Srikandarajah, (P/CA) J. | Petitioner challenged order made under Section 38(a) of the Land Acquisition Act; Petitioner land was acquired for public purpose after issuance of Section 2 notice when there were alternative private lands in the vicinity. Held - order was made out of urgency and Petitioner failed to establish lack of urgency. Application dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-07-13 | CA/LA/0039/2007 |
R.A. Irangani Perera v. The Public Trustee and K.Nandani Perera
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Hon. Eric Basnayake, J. | Leave to Appeal application against District Court order in a testamentary action filed by the Public Trustee to recall letters of administration sent to Petitioner; Whether Petitioner had legal entitlement to administer the estate despite her husband predeceasing the deceased; Whether proper publication of order nisi was made. Held - Petitioner was appointed by consent of all parties; no evidence of mismanagement or abuse of administration. Application allowed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka; Civil Procedure Code | Download |
| 2011-07-13 | CA/WRT/0670/2009 |
Central Cultural Fund v. P. Danansuriya, Arbitrator of the Department of Labour and Others
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Hon. Upaly Abeyrathne, J. | The Petitioner sought to quash the arbitral award of certain sum as acting salary to the post of \'Officer in charge\' payable to the 4th Respondent, who was also holding the substantive post of \'Excavating Officer Grade I\'. Entitlement to acting salary only if an officer holding substantive post is appointed to act in another post as well. Held - no \'Officer in charge\' post existed in the Petitioner\'s cadre. Writ issued with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-07-13 | CA/LA/0039/2007 |
R.A. Irangani Perera v. The Public Trustee and K.Nandani Perera
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Hon. Eric Basnayake, J. | Leave to Appeal application against District Court order in a testamentary action filed by the Public Trustee to recall letters of administration sent to Petitioner; Whether Petitioner had legal entitlement to administer the estate despite her husband predeceasing the deceased; Whether proper publication of order nisi was made. Held - Petitioner was appointed by consent of all parties; no evidence of mismanagement or abuse of administration. Application allowed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka; Civil Procedure Code | Download |
| 2011-07-12 | CA/WRT/0338/2008 |
Lt Col Semasinghe Wanninayake Tikiri Bandara v Secretary of the Ministry of Defence and Others
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Hon. S. Srikandarajah, (P/CA) J. | The Petitioner sought to quash the decision of the 2nd Respondent to recover money from the Petitioner on the basis of illegal procedure adopted by the Court of Inquiry; Difference between a Court of Inquiry and a disciplinary inquiry; Special Rules made under Note 2 of Financial Regulation No 102 Relating to Losses of Three Armed Forces. Held - Petitioner failed to show unlawfulness of the decision, and the said recovery is only a surcharge. Application dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka; Army Courts of Inquiry Regulations of 1952 | Download |
| 2011-07-11 | CA/WRT/0219/2008 |
Kaluappuhennadige Sudath Chandana v Ceylon Electricity Board and Others
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Hon. S. Srikandarajah, (P/CA) J. | The Petitioner sought the intervention of this Court against the disciplinary order finding the Petitioner guilty of all charges, demoted and transferred to another branch of the 1st Respondent; appealed on the finding of the facts of the inquiring officer and not on legality. Held - Application dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-07-11 | CA/WRT/0371/2008 |
Sinnasamy Muttia, Luckyland Biscuits Manufactures and Others v Dayapala Hewathenne, Assistant Director of Customs of Sri Lanka and Others
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Hon. S. Srikandarajah, (P/CA) J. | The Petitioners sought to quash the Wharf Clerk\'s order imposing mitigated forfeiture after Customs inquiry found that the Petitioners have declared their imports under a false HS Code and under-valued the price paid for biscuit wrappers imported; claimed Respondents\' acts under Section 47 of the Customs Ordinance was ultra vires and reasons for order were not provided. Held - Application dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka; Customs Ordinance | Download |
| 2011-07-08 | CA/0738/1995 (F) |
Hitihamilage Hemawathi Menike v. Hitihamilage Bandaramenika and Another
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Hon. Rohini Marasinghe, J. | The Appellants appealed against the District Court judgement for an action seeking declaration of title; paddy land in suit cultivated on thatuu marru basis; claimed ealier partition decree had no legal validity due to amicable plan between co-owners. Held - Based on the evidence placed before Court, Appeal dismissed and District Court judgement affirmed. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-07-06 | CA/REV/0282/2007 |
Nahalle Indrasiri Thero v. K. Kumarasiri
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Hon. Eric Basnayake, J. | The Petitioner sought to set aside the District Court order restoring possession of the Respondent in terms of Section 52(2)(b) of the Partition Law; Held - leased property was only bare land and therefore Respondent is not a tenant; learned District Judge directed to make an order for the delivery of possession of land to the Petitioner; Application allowed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-07-04 | CA/1231/1998 (F) |
Seelawathie Dassanayake v. Nail Fareena Keedle
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Hon. Anil Gooneratne, J. | The Appellant sought the intervention of this Court against the District Court judgement given in favour of the Respondent for rent and ejectment action; Section 22(3)(c) of the Rent Act; hardship of landlord prevails over that of tenant when equally balanced on question of reasonable requirement. Held - As there is no merit, Appeal dismissed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-07-01 | CA/PHC/APN/0277/2005 |
J.L.B. Kothelawala and Two Others v Daya Ranjith Senanayake
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Hon. W.L. Ranjith Silva, J. | Revision application against the High Court of Colombo order where the learned High Court Judge held that the Petitioners were not entitled to be heard prior to reaching a decision to a complain to the Magistrate\'s Court in terms of Section 135-136(1) of the Code of Criminal Procedure Act for giving false evidence. Held - restrictive interpretation of Section 135(1)(c) is unwarranted; Section 63 casts no duty on the judge to hear accussed prior to the issue. Application dismissed without costs. | Section 265 of the Code of Criminal Procedure Act No. 15 of 1979 read with Article 138(1) of the Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-06-30 | CA/PHC/APN/0135/2010 |
Director General, Commission to Investigate Allegations of Bribery and Corruptions v. Lokubadu Dayachandra Gamini Jayasooriya
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Hon. Sisira de Abrew, J. | The Petitioner sought revision of a High Court order discharging the accused from a bribery indictment under Section 20 of the Bribery Act. The High Court had held that securing the release of a suspect from the Magistrate’s Court was not a “benefit from the Government.” Held - such a discharge may result from decisions of government officials and therefore falls within the statutory provision. Application allowed. | Article 138 of the Constitution of the Democratic Socialist Republic of Sri Lanka; Section 364 of the Code of Criminal Procedure Act No. 15 of 1979 | Download |
| 2011-06-28 | CA 800/95 (F) |
K. Mary Margaret Perera v. P.L.P. Ethel Freeda Seneviratne
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Hon. Rohini Marasinghe, J. | The Plaintiff-Appellant (the tenant) sought specific performance of an alleged oral agreement to purchase the rented premises, or alternatively reimbursement of expenses incurred on improvements and a right of retention until payment. Held - Appeal dismissed since no valid sale agreement existed as there was no notarially executed written agreement, and the Defendant-Respondent no longer owned the property; Plaintiff also failed to prove that the expenditures were made pursuant to the alleged sale agreement, thus, a tenant cannot recover such expenses outside the framework of the Rent Act. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-06-28 | CA/PHC/0020/2001 |
D.D.M. Vitharana v. Vidanagamage Fransis and Another
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Hon. Sisira de Abrew J. and Hon. K.T. Chitrasiri J. | Appeal against a High Court order compelling the Commissioner of Agrarian Services to restore possession of a paddy field to an ande cultivator, following an earlier Court of Appeal decision quashing the cultivator\'s eviction. Held - the Commissioner had a public duty to implement the earlier judgement and restore possession; the appellant\'s prolonged unlawful possession could not stand. Appeal dismissed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-06-27 | CA/0161/1997 (F) |
S.A. Piyasena v. S.A. Dhanapala and Others
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Hon. Anil Gooneratne, J. | Appeal from a partition judgement concerning a parcel of land; the Petitioner claimed sole prescriptive title against co-owners, alleging non-compliance with Section 4 of the Partition Act and challenging the trial judge\'s rejection of his documentary evidence. Held - co-owner\'s possession cannot become adverse possession merely by long occupation without clear evidence of ouster; upheld the District Judge\'s factual findings; Application dismissed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-06-26 | CA/REV/1908/2005 |
S. De S. Wettasinghe v. M.C. Thenuwara
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Hon. Eric Basnayake, J. | Respondent-Petitioner sought to set aside several District Court orders, including a decree absolute entered against him for non-appearance. Held - Court upheld the preliminary objection that where an alternative remedy exists under Section 389 of the Civil Procedure Code, revisionary jurisdiction cannot be invoked; Respondent-Petitioner failed to adduce any evidence at the inquiry to establish non-service of the decree nisi; Application dismissed with cost for failure to show exceptional circumstances. | Sections 389 and 839 of the Civil Procedure Code | Download |
| 2011-06-24 | CA 1050/95 (F) |
Hewage Ariyaratne v. Subasinghage Heenhamy
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Hon. Rohini Marasinghe, J. | Respondent had filed a possessory action before the District Court of Embilipitiya over State land issued on a Mahaweli Authority permit in another person’s name. Held - Appeal allowed and District Court judgement set aside on the grounds that succession in a possessory action requires a plaintiff to prove both physical possession (detentio) and mental possession (animus possidendi), and the trial judge had incorrectly upheld the plaintiff’s (Respondent in the instant Application) claim based on intention alone. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-06-24 | CA/PHC/0068/1999 |
M.A. Mary Margrate v. The Chairman, Road Development Authority and Others
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Hon. Sisira de Abrew, J. | The Appellant sought the intervention of this Court to set aside the High Court’s demolition order. Held - the building was unlawfully constructed within the prohibited road limit under Section 24 of the Thoroughfares Ordinance; arguments on partial demolition, survey plans, and local authority approval rejected in terms of Sections 26 and 24; Appeals against High Court decisions can only be heard by the Supreme Court. Application dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-06-23 | CA 818/97 (F) |
Pathirage Don Abeyratne v. Gamage Don Chandradasa
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Hon. K.T. Chitrasiri, J. | Plaintiff claimed damages for malicious prosecution following acquittal on a contempt of court charge arising from the Defendant’s police complaint. Held - Acquittal alone does not establish malicious prosecution; plaintiff must also prove the complaint was false, instituted maliciously without reasonable cause, and that the defendant set the law in motion; as the charges were filed solely by the police nearly three and a half years after the complaint, and no wrongful intent (animus injuriandi) was established, Appeal dismissed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka; General Law of Delict | Download |
| 2011-06-22 | CA 1311/96 (F) |
P.P. Panditharathna v. K. Dharmasena and Another
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Hon. Anil Gooneratne, J. | Plaintiff claimed damages for injuries sustained in a road accident involving a private bus. District Court dismissed the action, finding that the plaintiff had negligently driven his motorcycle suddenly onto the main road, making the accident inevitable. Held - Court affirmed the District Court’s judgement, holding that the bus driver could not have averted the collision, constituting an inevitable accident; the plaintiff\'s own police statement contradicted his court evidence. Appeal dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-06-20 | CA 625/95 (F) CA 625A/95 (F) |
Loku Kankanamge Margaret Peiris and Others v. Weerakanda Aratchige Piyasena Silva and Others
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Hon. Rohini Marasinghe, J. | Partition action concerning parcels of land which are a portion of a larger parcel of land. Court varied the District Court judgement, finding that both plaintiff and 4th defendant derived title through the same source and each were entitled to equal shares. The 6th defendant established prescriptive title only to building No. 65. The 2nd and 3rd defendants were entitled to lots No. 73 and No. 75 within the corpus. The 4th defendant\'s appeal was allowed; the 6th and 7th defendants\' appeals were dismissed. | The Constitution of the Democratic Socialist Republic of Sri Lanka; Partition Law; Prescription Ordinance | Download |
| 2011-06-20 | CA 704/95 (F) |
Gunaratne Wickramarachchi v. Seetha Sarojini Wijegunaratne
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Hon. Rohini Marasinghe, J. | The appeal arose from a declaration of title action where the principal issue was the identity of the disputed land. Held - trial judge had properly evaluated the survey evidence, correctly identified the corpus, and rightly rejected the Defendant-Appellant’s evidence; Appeal dismissed. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-06-20 | CA/0984/1995 |
Gangoda Mudiyanselage and Another v. Tennaramudiyanselage Abeyratne and Another
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Hon. Rohini Marasinghe, J. | The Petitioner sought to challenge the District Court’s judgement regarding a land dispute, on the grounds of procedural irregularities and misapplication of legal principles. Held - no grounds existed to interfere with the impugned judgement. Appeal dismissed. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-06-17 | CA 267/97 (F) |
S.A.S. Karunawathie Epa v. G. Francis Direckze
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Hon. Anil Gooneratne, J. | Appellant sought to set aside the District Court judgement entered on three promissory notes under Chapter 53 of the Civil Procedure Code; however, Appellant was absent and unrepresented at the hearing, and had not given evidence in the District Court nor led expert evidence to prove that two promissory notes were fraudulently executed. The Plaintiff-Respondent had given evidence without Objection. Held - silence in response to the Letter of Demand amounted to an admission of the allegations therein; no particular form of words is essential to the validity of a promissory note but the form must manifest the intention to make a note; Appeal dismissed. | The Constitution of the Democratic Socialist Republic of Sri Lanka; Civil Procedure Code | Download |
| 2011-06-16 | CA/LA/0289/2002 |
A.M.S. Fernando v. S.A.N.K. Appuhamy
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Hon. Eric Basnayake, J. | The Petitioner appealed against an order granting the defendant unconditional leave to defend a summary procedure action on a dishonoured cheque without furnishing security. The defendant alleged the cheque was a blank security cheque issued in connection with a seettu transaction and that no consideration passed. Held - the defence was prima facie sustainable and raised facts requiring the Petitioner to prove consideration under Sections 704(2) and 706 of the Civil Procedure Code. Appeal dismissed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-06-09 | CA/LA/0515/2005 |
W.G. Alwis v. Shabir Omar
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Hon. Eric Basnayake, J. | The Petitioner sought to have an ex-parte action declared abated under Section 402 of the Civil Procedure Code, arguing that the Respondent failed to take steps to serve the decree. Held - once an ex-parte decree is entered, the action is concluded and service of the decree is not a step necessary to prosecute the action; Petitioner lacked locus standi until the default was purged. Appeal dismissed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-06-09 | CA/WRT/0012/2011 |
Samantha Kumara Madawanna Arachchi v. Urban Development Authority and Another
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Hon. Upaly Abeyrathne, J. | The Petitioner sought to quash the appointment of the inquiring officer in charge of the disciplinary proceedings initiated against him, on the basis that appointing a retired police officer as the investigating officer violated the Establishment Code. Held - The Petitioner had initially willingly participated in the inquiry without objection, and the filing of this Application was delayed and premature. Application dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-06-08 | CA 505/2008 |
R.M.C.J. Ratnayake - Dhammika Wine Stores v. The Commissioner General of Excise and Others
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Hon. Sathya Hettige, (P/CA) J. | The Petitioner sought to invoke the writ jurisdiction of this Court to quash the refusal of relocation of his wine store necessitated by repeated landslides. Despite positive recommendations by excise officials, relocation was refused due to strong public protest and the proposed site being less than 100 metres from a religious place of worship. Held - Application dismissed without cost. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-06-08 | CA/LA/0420/2003 |
K.V.A. Rodrigo v. K.S.C.A. Rodrigo and Others
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Hon. Eric Basnayake, J. | The appeal challenged the District Court’s refusal to accept late objections in testamentary proceedings and its appointment of the Petitioner as administrator without inquiry. Held - Sections 91A(1) and (2) of the Civil Procedure Code empowered the court to extend the time for filing objections, contrary to the trial judge’s view. Appeal allowed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-06-07 | CA/1006/1996 (F) |
M.A. Kiribanda v. I.M. Ariyaratne, Grama Niladhari of Hangamuwa and Another
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Hon. A.W. Abdus Salam, J. | The Appellant sought damages from the 1st Respondent and also named the Attorney General as a defendant, though no relief was claimed against him. The District Court struck out the Attorney General as improperly joined in terms of Section 18(1) and 14 of the Civil Procedure Code; Appellant challenged the same in this Application. Held - the plaint lacked any basis for liability against the Attorney General; therefore, Appeal dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka; Civil Procedure Code | Download |
| 2011-06-06 | CA/WRT/0613/2007 |
S.A.S.Karunawathie Perera v. People\'s Bank and Others
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Hon. S. Srikandarajah, J. | The Petitioner sought the intervention of this Court to quash the 1st Respondent Bank’s decision to acquire her property under Section 71(4) of the Finance Act No. 11 of 1963. The Bank entertained a redemption application by a descendant of the original owner. Held - the Petitioner’s title, derived after the Bank’s prohibition notice, was subject to the Bank’s right of acquisition under Part VIII of the Finance Act; Application dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-06-06 | CA/0282/1997 (F) |
I.P. Menika v. W.M. Siriwardena and Others
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Hon. A.W. Abdus Salam, J. | The Appellant sought to challenge the propriety of the judgement of the District Court given in favour of the Respondents, who sought a declaration of title and ejectment of the Appellant from a paddy field. The Appellant admitted ownership but claimed rights as an ‘ande’ cultivator, raising jurisdiction and prescription defences. Evidence, including agricultural registers and payment receipts, showed the Appellant was paid wages rather than recognised as a cultivator. Held - Appeal dismissed. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-06-03 | CA 1441/2001 (NLT) |
W.A. Nandana Athuda v. Sarath Moregoda and Others
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Hon. Eric Basnayake, J. | The Petitioner sought relief under Section 765 of the Civil Procedure Code to admit an out-of-time appeal and set aside orders dismissing her intervention claim in a partition action. She contended that she had not been notified of subsequent proceedings or the judgment. Held - Application dismissed because the record showed she had revoked her previous proxy, appointed new attorneys, and was represented when judgement was fixed, and thus, failed to prove circumstances beyond her control. | The Constitution of the Democratic Socialist Republic of Sri Lanka; Civil Procedure Code | Download |
| 2011-06-03 | CA/LA/0107/2000 (F) |
Olin Mendis v. W. Sillinona and Others
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Hon. A.W. Abdus Salam, J. | The Petitioner sought leave to appeal against an order confirming a commissioner\'s scheme of partition, contending that the allotment unfairly affected access to a house on an adjoining lot. Held - a commissioner\'s scheme should not be disturbed unless compelling grounds are established; Finding that the commissioner had made an equitable division of the land, including allocating coastal frontage fairly, Application refused without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-06-02 | CA 968/96 (F) |
M.I. Avvaumma v. M.I. Ahamed Lebbe
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Hon. A.W. Abdus Salam, J. | Plaintiff claimed the right to draw water from a common well (aquae haustus) under deed. District Court found the Plaintiff had abandoned this servitude, as neither she nor her tenants had ever exercised it. Held - Application dismissed with costs after affirming that abandonment of servitude, whether express or tacit, destroys it, and that where a principal servitude is abandoned, any accessory servitude is also deemed abandoned. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-06-02 | CA/1155/1996 (F) |
R.A. Tillekeratne Bandara and Two Others v. People’s Bank
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Hon. Anil Gooneratne, J. | In a debt recovery action under the Debt Recovery (Special Provisions) Act, the Petitioners appealed against the decree nisi being made absolute, alleging they were denied an opportunity to obtain leave to appeal. Held - the Petitioners had admitted liability while simultaneously attempting to contest the action, contrary to the statutory procedure; Application dismissed with the District Court judgment affirmed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka; Debt Recovery (Special Provisions) Act No. 2 of 1990 (as amended) | Download |
| 2011-06-02 | CA/PHC/APN/0299/2003 |
Deputy Commissioner of Labour v. Lanka Milk Food (CWE) Limited
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Hon. Sisira de Abrew, J. | The Petitioner sought revision of a High Court order setting aside a Magistrate’s order to pay gratuity. Held - the High Court lacked jurisdiction to entertain the appeal for an order made under Section 8(1) of the Gratuity Act, as no statutory right of appeal exists; High Court’s order is ruled a nullity, emphasizing that delay on the part of the Petitioner cannot validate such an order. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-06-01 | CA 1269/96 (F) |
Y.D. Jayasena and Two Others v. Yakdehige Asoka Rohana Jayathilaka
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Hon. A.W. Abdus Salam, J. | Plaintiff-Respondent claimed damages for bodily pain and public humiliation after Defendants-Appellants tied him with a rope, dragged him to a lamppost, and threw red ants at him before a crowd including schoolchildren. The plaintiff\'s evidence was corroborated by his wife and supported by a prompt police statement. District Court accepted the plaintiff\'s version as more probable. Held - found no reason to interfere with the findings based on witness credibility; Appeal dismissed with costs; District Court judgment affirmed. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-06-01 | CA/REV/PHC/APN/0003/2010 |
Suhada Gamalath, Secretary to the Ministry of Justice And Law Reforms v. Kristina Ivasauskaite-Rosario and Prajith Rosario
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Hon. Anil Gooneratne, J. | Revision application concerning a child custody/return dispute under the Hague Convention on International Child Abduction. The High Court had refused to return the child on procedural grounds (lack of translation) and on the basis that the child was settled in Sri Lanka. Held - translation requirement under Section 6(3) was merely directory, and that the psychiatric report did not conclusively establish settlement; Application allowed. | The Constitution of the Democratic Socialist Republic of Sri Lanka; Civil Aspects of International Child Abduction Act No. 10 of 2001 | Download |
| 2011-06-01 | CA/WRT/0834/2010 |
Bharti Airtel Lanka (Pvt) Limited v. Biyagama Pradeshiya Sabha and Others
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Hon. Upaly Abeyrathne, J. | The Petitioner sought the intervention of this Court, challenging the order made by the 1st and/or 2nd Respondents, suspending the construction of the telecom base station despite having lawfully obtained the necessary approvals. Held - the decision of the Respondents was found to be politically influenced, issued without hearing the Petitioner, and in violation of the rules of natural justice. Writs issued. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-05-23 | CA/0962/1996 (F) |
Aruma Wedakarayalae Themanis v. Walimuni Arachchige Jayathilake and Another
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Hon. A.W. Abdus Salam, J. | Appellant sought appeal against District Court judgement in declaration of title and ejectment action for inter alia failure to hear 2nd Defendant. Held - Seeing no reason to interfere, Appeal dismissed subject to costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-04-29 | CA/0808/1992 (F) |
Hikkaduwa Edmond Silva and Another v. Sangama Ariyaratne and Others
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Hon. Rohini Marasinghe, J. | The 6th and 7th Defendant to a partition action appealed against the interlocutory order given by the trial judge. Held - trial judge had examined all evidence placed before the Court; seeing no reason to interfere, Appeal dismissed. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-04-28 | CA/1074/1996 |
Madapatha Kankanamge Don Jayaratna v. D.H. Weerasiri
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Hon. A.W. Abdus Salam, J. | Preliminary objection on right to appeal an interlocutory order without first obtaining leave to appeal in terms of Section 754(2) of the Civil Procedure Code. Held - Appeal dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-04-28 | CA/1194/1996 (F) |
K.A. Piyadasa and Another v. H. Publis Perera and Another
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Hon. A.W. Abdus Salam, J. | The Appellants challenged the District Court judgement ejecting them from the subject matter, contending inter alia that they had acquired prescriptive title after being in possession for more than 10 years. Held - Seeing no reason to interfere, Appeal dismissed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-04-28 | CA/WRT/0082/2007 |
Utsch Lanka (Pvt) Ltd and Others v. Poothathamby Yoganathan, Deputy Director of Customs and Two Others
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Hon. S. Sriskandarajah, J. | The Petitioners sought to quash the 1st Respondent’s orders against them in terms of Sections 47, 52, 129, and 166B of the Customs Ordinance; offence of misdescription of imported goods in the Customs Declaration, undervaluation by non-declaration of royalty. Held - Writ issued. | The Constitution of the Democratic Socialist Republic of Sri Lanka; Customs Ordinance | Download |
| 2011-04-28 | CA/1419/2003 |
Bopitiya Karalliyadda Marasinghe Mudiyanselage Podimenike v. T.M.P. Peiris and Others
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Hon. A.W. Abdus Salam, J. | The Appellant challenged the trial judge’s judgement and interlocutory decree in a declaration of title action on prescription. Held - seeing no reason to interfere, Appeal dismissed with costs as Appellant failed to prove any overt act to qualify as holder of prescriptive title to land in suit. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-04-27 | CA/0998/1996 (F) |
Melani Dilkushi Silva nee Gomes v. Mareena Wyman
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Hon. A.W. Abdus Salam, J. | The Appellants appealed against the District Court order dismissing the action for declaration of title, ejectment of the Respondent and damages on preliminary issues; Respondent maintained no cause of action. Held - Based on the evidence placed before Court, plain reading of the plaint shows cause of action; District Court order set aside and case sent for retrial. Appeal allowed. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-04-26 | CA/1189/1996 (F) |
D.O. Amaratunga v. Chandrapala Bandarigoda
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Hon. A.W. Abdus Salam, J. | Appeal against the District Court\'s dismissal of application for appeal against an exparte decree of ejectment and damages; Whether summons had been served; Difference between service of summons and personal service by fiscal; Failure of learned District Judge to provide sufficient reasons for decision. Held - Appeal allowed. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-04-25 | CA/WRT/1591/2006 |
Rathnasiri Herath and Others v. M.E. Lional Fernando and Others
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Hon. A.W. Abdus Salam, J. | The Petitioners, who were employees of the Department of Railway, challenged the new structuring of the cadre and salary schemes. Held - Appeal dismissed without costs as Petitioners are not entitled to claim higher position and/or salary scale for merely obtaining an industrial diploma. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-04-25 | CA/1243/1996 (F) |
Madadeniye Gedara Upananda v. Kumarapathi Vithanage Dona Chamari Janaki Perera and Another
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Hon. A.W. Abdus Salam, J. | The Petitioner sought to set aside an order of abatement of appeal preferred by the Petitioner’s mother and the 2nd Respondent against the District Court judgement given in favour of the 1st Respondent in a declaration of title and ejectment action. Held - Appeal dismissed without costs for 12 years delay on the part of the Petitioner to prosecute the appeal. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-03-31 | CA/0923/1997 |
Punyawathie Gunaweera v. Gertude Silva and Others
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Hon. W.L. Ranjith Silva, J. | This Appeal is against dismissal of partition action on ground of prescription; whether 3rd contesting defendant possessed land as licensee or in adverse possession; birth/death certificates and rate payments (Section 3 of Prescription Ordinance) assessed; trial judge\'s findings on prescription held erroneous and not rationally evaluated; appellate court\'s power to reverse findings of fact. Held - District Court judgement set aside; Appeal allowed, and ordered to enter interlocutory decree and proceed with trial. | Section 754(1) of the Civil Procedure Code and Article 138(1) of the Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-03-31 | CA/0390/1995 (F) |
Hetti Mudiyanselage Podimahattaya v. Atigala Vidanalage Karunaratne and Others
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Hon. Rohini Marasinghe, J. | Appeal against dismissal of partition action by Trial Judge; Dispute with regard to identity of the original owner of the land in suit. Held - seeing no reason to interfere, Appeal dismissed. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-03-22 | CA/WRT/0252/2010 |
Corporal J.A.N.G. Jayasinghe v. Air Commondore C.R. Gurusinghe and Others
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Hon. Upaly Abeyrathne, J. | The Petitioner sought to quash the conviction and sentence under Sections 99 and 65 of the Air Force Act, on the grounds that defence of accidence and burden of proof had not been considered by the District Court Martial and Judge Advocate. Held - no iota of evidence to conclude or suggest accidental firing; Application dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-03-21 | CA/WRT/0275/2008 |
Rodsons Private Limited v. Ceylon Electricity Board and Others
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Hon. S. Srikandarajah, J. | The Petitioner sought to quash the decision of the Respondents to charge an additional sum on claims of undercharged electricity bills due to incorrect meter readings; Sections 41 and 58 of the Electricity Act. Held - Writs issued due to Respondents\' failure to follow proper procedure and irrationality of the decision. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-03-15 | CA/WRT/0976/2008 |
G.D. Janani Perera v. University of Moratuwa and Others
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Hon. S. Srikandarajah, J. | The Petitioner sought to quash the order of the Governing Council of the 1st Respondent demoting her position and the order of the University Services Appeals Board dismissing the appeal; considered grant of leave for study and employment abroad as interchangeable. Held - 1st Respondent is the disciplinary authority in terms of the University Act No. 16 of 1978; Petitioner was not prejudiced by any reference to the Establishment Code in the charge sheet; Petitioner failed contractual obligations. Application dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-03-14 | CA/0905/1996 (F) |
Pituwala Kankamge Gunawathie v. Uberis Blok and Another
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Hon. A.W. Abdus Salam, J. | This Appeal arises from an interlocutory decree in a partition action, where the Appellant is not a co-owner of the corpus but claims prescriptive title to a specific portion of the corpus. Held - bona fide possessor has right to retain possession until due compensation is paid; jus retentionis is not adverse possession; Appeal dismissed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-03-09 | CA/1220/1996 (F) |
Thissa Mudiansela Medagedara Heen Manike v. Ridiammana Gedara Dayawathie
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Hon. A.W. Abdus Salam, J. | Appeal against the District Court of Kandy’s judgement dismissing the plaintiff’s action for a right of footpath over the land of the defendant for want of evidence. Held - seeing no reason to interfere, Appeal dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-03-08 | CA/0484/1996 (F) |
K.G. Roslin v. M.R. Sriyani Udawela and Others
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Hon. A.W. Abdus Salam, J. | The Appellant sought the intervention of this Court to set aside the order refusing to set aside the judgement entered after ex parte hearing. Held - seeing no reason to interfere with the impugned judgement of the District Court, Appeal dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-03-08 | CA/1169/1995 (F) |
D.R. Wasinton Perera v. B.V. Siridasa
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Hon. A.W. Abdus Salam, J. | Appeal against the District Court judgement dismissing the Appellant’s action for declaration of title and ejectment of the Respondent. Held - seeing no reason to interfere as the Appellant failed to discharge the burden of proof of unauthorised construction, Appeal dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-03-04 | CA/0075/1997 (F) |
Nuwara Paksha Pedige Gunadasa v. Nuwara Paksha Pedige Peruma and Another
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Hon. A.W. Abdus Salam, J. | Appeal against the judgement of the District Court of Kuliyapitiya regarding a partition action where the 1st Defendant claimed ½ share of the land in suit but was not allotted any share. Held - seeing no reason to interfere, Appeal dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-03-04 | CA/1290/1996 (F) |
Nagaha Pillewe Ayupala and Another v. Thenne Kumburagedara Muthu Banda
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Hon. A.W. Abdus Salam, J. | Appeal against the judgement of the District Court of Matale given on an action for declaration of title, ejectment and damages against the Appellants. Held - seeing no reason to interfere, Appeal dismissed subject to costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-03-01 | CA/0835/1996 (F) |
Seeni Mohamadu Pathuma and Others v. Ahamadu Lebbe Aliyar Podi
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Hon. A.W. Abdus Salam, J. | Appeal against the judgement of the District Court of Batticaloa dismissing the plaintiffs’ action over a land possession dispute. Held - seeing no reasons to interfere, Appeal dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-03-01 | CA/1091/1996 (F) |
Jawaranage Syadoris v. Jawaranage Eladu
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Hon. A.W. Abdus Salam, J. | Appeal against the District Court judgement dismissing the Appellant’s action for declaration of title and ejectment of the Respondent. Held - seeing no reason to interfere as the Appellant failed to discharge the burden of proof of title, Appeal dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-02-28 | CA/REV/0144/2003 |
Udapola Dahanayakage Siriwardena v. Dahanayakage alias Dasanayaka Mudiyanselage Gunawathie and Others
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Hon. S. Sriskandarajah, J. | Partition action; failure to make the Petitioner a party to the partition action. Section 7 of the Partition Act; notice under Section 20(1); unexplained delays to act on the part of the Petitioner; alternative remedies. Held - Application dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka; Partition Act | Download |
| 2011-02-28 | CA/0805/1996 (F) |
Prins Gunasekara v. Associated Newspapers of Ceylon Limited
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Hon. A.W. Abdus Salam, J. | Recovery of damages for defamatory publication; trial judge is under a duty to examine words used in light of all circumstances surrounding the publication. Held - Appeal allowed. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-02-24 | CA/WRT/0412/2007 |
N.V. Gooneratne v. Sri Lanka Land Reclamation and Development Corporation and Others
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Hon. Anil Gooneratne, J. | Challenged compulsory retirement and demanded restoration to the post of General Manager; procedural impropriety of disciplinary inquiry and proportionality; authority of the Petitioner to execute deed in terms of the Colombo District (Low-Lying Area) Reclamation and Development Act. Held - Writ issued. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-02-23 | CA/0272/1994 (F); CA/0273/1994 (F) |
Abeywansha Leelanatha Wettasinghe and Another v. Pushpa de Silva Withanachchi and Others
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Hon. A.W. Abdus Salam, J. | Partition action; prescriptive possession; identity of the corpus and improvements. Held - Directed District judge to amend interlocutory decree; Both Appeals dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-02-22 | CA/WRT/0784/2009 |
D.M.M. Dissanayake v. K.P. Ranasinghe and The Rent Board of Review
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Hon. D.S.C. Lecamwasam, J. | Challenged the decision of affirmation made by the Rent Board of Review and the Rent Board of Rambukkana order for declaration of the Respondent as the tenant; alleged no contract of tenancy. Held - Based on evidence, Application dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-02-22 | CA/0781/1988 (F) |
Mahepala Edirisinghe v. M.K. Chandradasa
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Hon. Rohini Marasinghe, J. | Partition action; dispute on the number of children of the original owner. Held - Appeal dismissed without dealing with preliminary objection on Section 754(4) of the Civil Procedure Code. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-02-22 | CA/1135/1993 (F) |
M. Razeen Salih v. Chandra Ukwatta and MacCallum Breweries (Ceylon) Limited
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Hon. Anil Gooneratne, J. | District Court action filed by non-resident for recovery of certain sum based on an agreement for sale of shares; whether purchase price determined by Controller of Exchange would be different from agreed upon price by the parties; Sections 45 to 47. Held - failure to appeal final decision results in doctrine of estoppel. Appeal dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka; Exchange Control Act | Download |
| 2011-02-21 | CA/WRT/0500/2008 |
Gnanawathie Edirisinghe v. Ministry of Lands and Lands Development and Others
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Hon. S. Sriskandarajah, J. | Petitioner permitted property as temporary access road to housing scheme for flood victims; challenged alternative access route and lack of public purpose for acquisition; urgency under Section 38(a) of the Land Acquisition Act. Held - Petitioner had not alleged mala fides against the acquisition; delay in acquisition; failure to prove no urgency. Application dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-02-18 | CA/WRT/0326/2006 |
Coca-Cola Beverages Sri Lanka Limited v. Consumer Affairs Authority and Others
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Hon. S. Sriskandarajah, J. | Section 13 of the Consumer Affairs Authority Act violation; challenged order on the basis that 2nd Respondent is not entitled to compensation; Section 32 time bar. Held - Application partly allowed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka; Consumer Affairs Authority Act | Download |
| 2011-02-15 | CA/REV/2023/2001 |
Gode Withanage Ariyaratne alias Ariyaratne Withanage and Others v. Gode Withanage Francina and Others
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Hon. Anil Gooneratne, J. | Revision application filed by Intervenient-Petitioners in partition action, claiming to be children of the owner of the corpus; objections on delay and failure to plead exceptional circumstances. Held - Appeal allowed subject to conditions. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-02-14 | CA/WRT/0455/2006 |
J.P. Alensu v. Commissioner General of Labour and Others
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Hon. S. Sriskandarajah, J. | Challenged order of the 1st Respondent to pay compensation to the former employees of the Petitioner; interpretation of the term employer; Sections 6 and 6A of TEW Act; rules of natural justice and power to delegate hearing. Held - Application dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka; Termination of Employment of Workmen (Special Provisions) Act No 45 of 1971 (as amended) | Download |
| 2011-02-14 | CA/WRT/0622/2008 |
Ceylon Agro-Industries Limited v. Director General of Customs and Others
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Hon. Sathya Hettige P.C., (P/CA) J. | Entered into an agreement with the 3rd Respondent empowered under Section 17(1) of the Greater Colombo Economic Commission Law; exemption to Customs Ordinance in terms of Schedule B of the Act; objection on reliance of outdated regulations; legitimate expectation of the Petitioner. Held - Based on evidence, Application dismissed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka; Greater Colombo Economic Commission Law No 4 of 1978 (as amended); Customs Ordinance | Download |
| 2011-02-14 | CA/1409/2000 |
Jayasekara Aratchilage Pemawathie v. Herath Mudiyanselage Malani Sunanda and Others
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Hon. A.W. Abdus Salam, J. | Revision application filed due to failure to prefer appeal within stipulated period of time. Held - failure to prove delay; Application dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-02-14 | CA/WRT/0206/2007 |
M.S.F. Rismina v. Chairman of the University Grants Commission and Others
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Hon. S. Sriskandarajah, J. | Appealed rejectment of application for university application. Held - Application dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-02-13 | CA/PHC/0022/1999 |
Basnayake Wanniarchchilage Charlies v. Margret Punya Wamakulasuriya
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Hon. Sisira de Abrew, J. | Substitution of deceased husband with his wife; ande rights; intentional withdrawal from participating in inquiry. Held - Appeal dismissed. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-02-11 | CA/0505/1993 (F) |
Kuruwita Arachchige Ananda Lionel v. Sembukuti Arachchige Lambert Reginald Silva
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Hon. Rohini Marasinghe, J. | Partition action; failure to identify corpus. Held - differences in deeds unexplained by Appellant. Appeal dismissed. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-02-10 | CA/WRT/0077/2008; CA/WRT/0078/2008; CA/WRT/0079/2008; CA/WRT/0080/2008 |
A.N.M. Abee Kuhafa v. Director General of Customs and Others
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Hon. Sathya Hettige P.C., (P/CA) J. | Challenged confiscation of imported goods; failure to obtain permission for importation of commercial quantities of cardamom; Section 107A of the Customs Ordinance; failure to give the Petitioner a hearing prior to forfeiture. Held - Application dismissed without costs due to Petitioner’s conduct amounting to dishonest intent. | The Constitution of the Democratic Socialist Republic of Sri Lanka; Customs Ordinance | Download |
| 2011-02-09 | CA/0061/1997 (F) |
Godamune Kusumawathie v. M. Chandrasiri Perera and Others
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Hon. A.W. Abdus Salam, J. | Challenged dismissal of action for declaration of title, ejectment, and damages; authenticity of the deed. Held - Appeal dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-02-09 | CA/0571/1999 (F) |
Kithsiri Balasuriya and Another v. Kalthotage Jayaratna and Others
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Hon. A.W. Abdus Salam, J. | Partition action; right of way across the land in suit; contradicting evidence. Held - seeing no reason to interfere, Appeal dismissed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-02-03 | CA/0136/1996 (F) |
Devayalage Upaneris and Two Others v. Devayalage Piyasena and Others
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Hon. Sisira de Abrew, J. | Declaration of title; deed of gift; Section 68 of the Evidence Ordinance; Section 2 of the Prevention of Frauds Ordinance. Held - Appeal dismissed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-02-03 | CA/PHC/APN/0086/2010 |
Sulaiman Lebbe Mohamed Uvais v. Director General of the Commission to Investigate Allegations of Bribery and Corruption
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Hon. Sisira de Abrew, J. | Appeal against conviction and sentence; alleged trial judge had not read judgement after relying on rejected evidence; Section 283(1) of the Criminal Procedure Code (CPC) and Article 13(4) of the Constitution; delay in hearing appeal as exceptional ground for bail. Held - Application dismissed. | Article 138 of the Constitution read with Section 20(2) of the Bail Act No 30 of 1997 | Download |
| 2011-02-02 | CA/0381/1996 (F) |
Lanka Orix Leasing Company Limited v. Abbamohamed Tayoob and Another
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Hon. A.W. Abdus Salam, J. | Substitution of deceased Respondent with his son who is not a partner of the business. Held - District Court action was filed against the Respondent not in personal capacity. Application dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-02-01 | CA 834/96 (F) |
D. Babynona v. Charlet Vinifreeda Fonseka
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Hon. Anil Gooneratne, J. | Plaintiff sought recovery of possession of premises, claiming forcible dispossession. District Court dismissed the action, finding the Plaintiff failed to establish possession. A prior action had only awarded damages, not possession to the Plaintiff. Held - Court found no cogent reason to disturb the trial judge\'s findings that the Plaintiff had not proved possession. Appeal dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-02-01 | CA/0268/2000 (F) |
Katumatiyawe Muhandiramalage Jayawardena v. Katumatiyawe Muhandiramalage Gathila Jayawardena
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Hon. A.W. Abdus Salam, J. | Revocation of deed of gift on grounds of gross ingratitude; application of Kandyan Law. Held - Appeal dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka; Kandyan Succession Ordinance No 23 of 1917 | Download |
| 2011-01-31 | CA/1099/1995 |
Dikwella Widanage Hansawathi and Others v. Galappaththige Nenaseeli
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Hon. Rohini Marasinghe, J.. | The Plaintiff instituted an action in the District Court of Hambantota seeking recovery of arrears of rent. Held — a tenant cannot make repairs or structural alterations to premises without the consent of the landlord and set off such expenditure against rent; under Section 13(1) of the Rent Act No. 7 of 1972 and the Rent (Amendment) Act No. 55 of 1980, the proper remedy is an application to the Rent Board; tenant is not entitled to improve tenanted premises contrary to the Housing and Town Improvement Ordinance; appeal dismissed. | Rent Act No. 7 of 1972 (Section 13(1)); Rent (Amendment) Act No. 55 of 1980; Housing and Town Improvement Ordinance | Download |
| 2011-01-29 | CA/0478/1996(F) |
W.R. Arthur v Mallika Gunathilaka,
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Hon. Rohini Marasinghe, J. | The Plaintiff instituted a vindicatory action in the District Court of Homagama seeking a declaration of title, while the Defendant claimed prescriptive title as an ande cultivator in possession for over 15 years. Held — in vindicatory actions the sole burden lies on the plaintiff to establish ownership and possession by the defendant on a balance of probability; the defendant\'s documents were unsupportive of his prescriptive claim; trial judge correctly evaluated witness credibility; appeal dismissed. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-01-28 | CA/0351/1995 (F) |
National Insurance Corporation Ltd v Janashakthi Insurance Co. Ltd.
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Hon. Upaly Abeyrathne, J. | The Plaintiff sought recovery under an Advance Payment Bond (APB) and Performance Bond issued by the Defendant following a contractor\'s breach of a construction contract. Held — an On-Demand Performance Bond operates akin to a promissory note payable on demand and must be honored unless clear fraud is established with evidence; the APB was not restricted to recovery of advance payment alone but covered any loss arising from contractor\'s breach; Appellant failed to establish fraud; appeal dismissed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-01-27 | CA 29/95 (F) |
P. Muhandiramge Premalatha v. P.H. Geeganage Ariyathillake
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Hon. Rohini Marasinghe, J. | Plaintiff sought ejectment of tenant following termination of tenancy agreement. Key issue was whether the premises fell under the Rent Act. Held - Plaintiff failed to prove by sufficient evidence that the premises were situated outside the Rent Act\'s controlled area since a mere assertion is insufficient proof; thus, the trial judge erred in finding against the defendant on this unproven issue. Appeal allowed. | Rent Act, No. 7 of 1972 | Download |
| 2011-01-27 | CA 767/96A (F); CA 767/96B (F) |
N.D. Rajanetti & Another v. Harischandra P. Jayasooriya
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A.W. Abdus Salam, J. | Plaintiff sought a declaration that certain defendants held land in trust for him. District Court found a trust existed based on an informal agreement. Held - the Court set aside the judgment, finding the District Court failed to properly apply the Trust Ordinance, improperly admitted an informal agreement as evidence, and failed to evaluate whether the arrangement constituted a trust rather than a mere agreement to sell; therefore, case remitted for fresh hearing. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-01-27 | CA 1085/96 (F) |
M.M. Gunaratna Manike and Others v. R.M.R. Warnakulasuriya
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A.W. Abdus Salam, J. | Plaintiff sought a declaration of title to certain lots, claiming inadvertent delivery of wrong lots by the Magistrate\'s Court. District Court found the defendant was not the tenant cultivator of the relevant paddy fields and ordered ejectment. Held - Court found the District Court\'s findings entirely consistent with the evidence and declined to interfere; therefore, Appeal of the defendant-appellant dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-01-25 | CA 1007/95 |
N. De Silva v. B.D. Karunathilaka
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Rohini Marasinghe, J. | Plaintiff sought ejectment of tenant on grounds of rent arrears. Defendant deposited rents at the Local Authority in the name of the deceased landlord, not the new landlord. Held - this violated Section 21 of the Rent Act, as payment under the wrong name does not discharge the tenant\'s obligation; Appeal allowed and the judgment of the District Court was set aside. | Rent Act, No. 7 of 1972 | Download |
| 2011-01-25 | CA/0993/1997(F) |
Angulugaha Gamage Nandawathie v. Ahangama Liyanage Sumanadasa
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Hon. A.W.A. Salam, J. | In a partition action, parties agreed to abide by the court\'s decision following a judicial site inspection, whereupon the District Judge confirmed the Commissioner\'s scheme of partition. Held — where parties expressly consent to abide by a court\'s decision after a site inspection, there is an implied waiver of all defences and no statutory right of appeal lies against such an order; site inspection by a judge is permissible under Section 79 of the Partition Law No. 21 of 1977 read with the Civil Procedure Code; preliminary objection upheld and appeal dismissed without costs. | Partition Law No. 21 of 1977 (Section 79); Civil Procedure Code | Download |
| 2011-01-24 | CA 1000/96 (F) |
Somaratna Ranatunga v. U.G. Wimalasena
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A.W. Abdus Salam, J. | District Court dismissed a partition action for failure to establish adequate details regarding the original owner of the subject matter. The plaintiffs claimed the original owner was Hendrik Appuhamy, but their own deed identified three different original owners, creating serious confusion. Court upheld the dismissal, finding the District Court correctly declined to investigate title on the contradictory material. No costs awarded. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-01-24 | CA 976/96 (F) |
M.T. Sithy Fathima v. Damayanthi Perera
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A.W. Abdus Salam, J. | District Court dismissed the plaintiff\'s action for a declaration of title on the ground that she was herself a tenant under the National Housing Authority and therefore could not maintain the action. Held - found the District Court\'s application of the relevant law was flawless and saw no reason to interfere; therefore, appeal dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-01-24 | CA 1029/96 (F) |
Collin Pulle Victor Pulle and Others v. K.M. Podihamine
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A.W. Abdus Salam, J. | Post-judgment partition dispute where defendants sought re-allotment of shares from the interlocutory decree. District Court rejected all applications, finding claimants failed to establish their rights to the unallotted shares by evidence. Court of Appeal upheld the District Court, further noting that the proper remedy was an interlocutory appeal, not the current application. Appeal dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-01-21 | CA 595/94 (F) |
Munasingha Arachchige Pius Perera v. Warnakulasooriya Mahalekamge Rita Petrishiya Fernando
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Rohini Marasinghe, J. | Partition action involving land transferred by parents to six children. Defendant claimed prescriptive title through exclusive possession, relying on an informal letter from a co-owner as proof of ouster. Court held the letter amounted only to an agreement to sell, not a valid transfer, and that the defendant had always possessed it as a co-owner. Defendant\'s claim to exclude other co-owners failed. Appeal dismissed. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-01-20 | CA/0671/1996 (F) |
K.R.T. Peiris v. H. R. Mutuweera & Others
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Hon. Anil Gooneratne, J. | The 10th Defendant-Appellant sought re-listing of an appeal rejected in 1997 after non-appearance. Held -service of notice on the registered Attorney under Section 29 of the Civil Procedure Code constitutes sufficient service on the client, and attorney negligence cannot excuse the client; Petitioner failed to establish sufficient cause for default and could not explain the 13-year delay in seeking reinstatement, rendering the Petitioner guilty of laches; re-listing application dismissed without costs. | Civil Procedure Code (Sections 27 & 29); Evidence Ordinance (Section 114, illustration \'d\') | Download |
| 2011-01-18 | CA/WRT/689/2008 |
Wasana Trading Lanka (Private) Limited v. The Director General of the Customs Department and Others
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S. Srikandarajah, J. | The Petitioner sought to quash the decisions of the Customs Department demanding payment of Excise duty and other relevant levies imposed on the imported eleven seater vans under the new HS Code introduced. Held - writ issued since the Customs cannot recover or collect unpaid Excise duty after the removal of the goods in question from the Customs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-01-18 | CA/1002/1996(F) |
Korale Arachchige Danie v. M.V. Ratnasiri & Others
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Hon. A.W.A. Salam, J. | The Plaintiff instituted an action in the District Court of Embilipitiya seeking a declaration of title and to prevent the Defendants from entering his land held under a Mahaweli Development Authority permit. Held — the Defendants had not constructed a new road but merely repaired an existing road long used by villagers; the District Court\'s findings were consistent with the evidence and not tainted with illegalities; appeal dismissed without costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-01-17 | CA/0564/1996(F) |
Maddage Semapala v. Devika Weerakoon & Others
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Hon. A.W.A. Salam, J. | The Plaintiff instituted a partition action in the District Court of Horana raising the question of interpretation of a deed of gift No. 19977, as regards the intention of the vendor who parted with rights to an immovable property. Held — on a perusal of the deed it was clear that the grantor was dealing with the share of the entire land and not a specific proportion of his entitlement; the District Court\'s construction of the deed was rational, logical and involved no error or misdirection; appeal dismissed with costs. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
| 2011-01-14 | CA/1229/1996 |
Rasnaka Rallagee Heenbanda Vs. Morawakalayalage Siriyawathie and another
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Hon. A. W. A. Salam, J. | permit holder of the allotment of land, credibility of witness, appeal dismissed | Download | |
| 2011-01-13 | CA/WRT/1046/2008 |
Brown and Company PLC v. The Minister of Labour and Others
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S. Srikandarajah, J. | The Petitioner sought to quash the arbitral award granted in favour of eight of the Petitioner’s employees who were allegedly wrongfully terminated. Held - the Petitioner’s Application is allowed subject to the limitation of compensation granted to the said employees. | The Constitution of the Democratic Socialist Republic of Sri Lanka | Download |
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