Ratnayake Menike v. Dayananda and Others – sllr 2003 volume 3 page 057

In the case between Ratnayake Menike (Plaintiff) and Dayananda and Others (Defendants), the court addressed whether a fair and impartial trial was possible at the Kuliyapitiya District Court given the petitioner’s inability to secure independent legal representation, due to one defendant being a member of the local Bar. It was held that the fundamental right to legal representation is paramount and that the environment of the Kuliyapitiya Bar compromised this right, preventing a fair trial. Relying on Section 46 of the Judicature Act and precedents such as Sivasubramaniam v Sivasubramaniam and Jayakody v. Attorney General, it was determined that the case should be transferred to the District Court of Marawila to preserve the integrity of the proceedings. This decision reinforces the legal