Wijesiri Gunawardane vs Chandrasena Muthukumarana – SC APPEAL NO. 111/2015-2020

The case between Wijesiri Gunawardane and Chandrasena Muthukumarana’s estate addressed the issue of whether the statutory right of appeal under Section 9 of the High Court of the Provinces (Special Provisions) Act ousts the Court of Appeal’s constitutional revisionary jurisdiction under Article 138. The findings established that the express statutory appeal does not eliminate the revisionary power, reinforcing the principle that constitutional safeguards prevail even against explicit statutory provisions. The decision relied on historical observations, established case law, and constitutional provisions, emphasizing that any restriction on revisionary power must be explicitly stated.

Buwaneka Aluwihare, PC. J. — It was determined that the statutory right of appeal under Section 9 does