Hulangamuwa and Another v. Balthazar – sllr 1984 volume 2 page 029

In the case between Lieutenant-Colonel (plaintiff/respondent) and the 1st defendant (a Major) with his wife (defendants/appellants), the court addressed whether a civil action for damages can arise from a complaint made under the Army Act relating to military discipline between officers, and whether a civil court has jurisdiction over such matters. It was held that the subject matter concerned internal military discipline, placing it within the exclusive jurisdiction of military tribunals. No tort action in civil court was therefore sustainable. This decision relied on the Army Act and relevant case law, reaffirming that civil jurisdiction is excluded when military law governs the disciplinary process.

Atukorale J. — The findings established that the complaint (P9) lodged by the 1st defe

REF: sllr 1984 volume 2 page 029 Category: Tag:
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