| Decided Date | Case No | Parties | Judgment By | Keywords | Legislation | Document |
|---|---|---|---|---|---|---|
| 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 |
| 2011-11-01 | 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 |
| 2011-10-05 | 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 |
| 2011-09-30 | 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 |
| 2011-09-29 | 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 |
| 2011-09-05 | 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 |
| 2011-08-01 | 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 |
| 2011-06-30 | 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 |
| 2011-03-14 | CA/0089/2011, CA/0148/2011, CA/0176/2011, CA/0196/2011 |
Lanka Samasamaja Party and Another v. Dayananda Dissanayake, The Commissioner General of Elections and Others
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Hon. Sathya Hettige (P/CA), J. | The Petitioner\'s nomination paper for the Kuchchaveli Pradeshiya Sabha local election was rejected in terms of Section 31(1)(a) of the Local Authorities Election Ordinance as it was delivered by another candidate rather than the Authorised Agent, contrary to Section 28(5). Held - delivery by the Authorized Agent is mandatory; presence alone was insufficient. Applications were 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 |
| 2011-01-31 | 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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