Gunaratne v. Thambinayagam and Others – sllr 1993 volume 2 page 355

The case between GUNARATNE (appellant/petitioner) and THAMBINAYAGAM and Others (respondents) addressed whether Section 9 of Act No. 19 of 1990 creates a direct right of appeal to the Supreme Court from a High Court order issued in the exercise of revisionary jurisdiction. It was determined that Section 9 does not grant such a right, as statutory rights of appeal must be expressly provided and the High Court’s exercise of revisionary jurisdiction is distinct from appellate jurisdiction. The preliminary objection regarding jurisdiction was upheld, and leave to appeal was refused, reaffirming the principle that appeal rights must be grounded in clear statutory authority. Reliance was placed on interpretative analysis of the statute and precedent decisions, underscoring the necessity for legis

REF: sllr 1993 volume 2 page 355 Category: Tag:
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