Desilva v. Wettimuny – sllr 2005 volume 3 page 251

In DESILVA v. WETTIMUNY, the court examined the applicability of the Court of Appeal (Appellate Procedure) Rules 1990 to applications for leave to appeal and addressed whether the requirements of the Civil Procedure Code governed such applications. A preliminary objection was raised on the grounds that the petition failed to state that the Court’s jurisdiction had not been previously invoked. It was held that leave to appeal is regulated by statutory provisions in the Civil Procedure Code—specifically sections 754(2), 757, 758, and 759—and not by the Court of Appeal Rules. The judgment clarified the procedural requirements for petitions under section 758 and determined that omission of the averment regarding previous invocation of jurisdiction does not render the petition defective. The pr