Leelawathie v. Ekanayake – sllr 2005 volume 3 page 155

The case between Leelawathie (Plaintiff) and Ekanayake (Defendant) addressed whether an order vacating the dismissal of the plaintiff’s action for non-appearance constitutes a final judgment directly appealable under section 754(5) of the Civil Procedure Code, or an interlocutory order requiring leave to appeal. It was held that such an order, when mandated by section 88(2) to be accompanied by a judgment adjudicating the facts, amounts to a final decision, directly appealable without leave. The principle reaffirmed is that orders rising to the level of final judgments by statutory construction are appealable as of right. Reliance was placed on sections 82(2), 88(1), 88(2), 752, and 754(5) of the Civil Procedure Code, as well as leading local and foreign authorities. The impact of the deci