Gunaratne v. Abdul Gaffoor – sllr 1982 volume 2 page 719

In the case between Siyadoris Appuhamy (substituted by Jayasiri Gunaratne) and the defendant/respondent hotel operator, the court addressed whether Lease Agreement P14 constituted a lease of the hotel business, rather than a simple letting of premises, and considered the jurisdiction of the Court of Appeal under the 1978 Constitution to set aside a prior Supreme Court judgment. It was determined that the agreements conveyed a lease of the business, with the occupation of premises being ancillary, and that the Court of Appeal possessed jurisdiction to vacate and reinstate appeal proceedings. Upon review, the Supreme Court set aside the Court of Appeal’s judgment, restored the decision of the District Judge, and allowed the appeal with costs. The decision reaffirmed the principle that the su