Dharmaratne v. Dassenaikeand Others – sllr 2006 volume 3 page 130

In the case between DHARMARATNE (plaintiff) and DASSENAIKE and others (defendants), the court addressed the exercise of judicial discretion under Section 48 of the Judicature Act concerning the refusal of a trial de novo after the case was transferred due to the original trial judge’s elevation and leave of absence. The findings established that the Additional District Judge’s decision not to grant a new trial failed to give due weight to the significance of oral testimony and the impact of judicial delay on the assessment of witness credibility. It was determined that the discretionary power must be exercised in accordance with reason and justice, taking into account all relevant factors, especially where the decision relies heavily on oral evidence and the judge’s impressions. The order