Gunapala Witharana vs Maharaththalage Ariyadasa Fernando – CA PHC NO. 135/05-2013

In the case between Gunapala Witharana (Appellant) and Maharaththalage Ariyadasa Fernando, Bank of Ceylon, and the Hon. Attorney General (Respondents), the court addressed the issue of whether an appeal lies to the Court of Appeal against the judgment of a High Court when the High Court exercises appellate jurisdiction over a conviction by a Magistrate. The court determined that such an appeal does not lie, in accordance with the precedent established in Officer-in-Charge Amparai Vs Wickramasekera 2004(1) SLR 257. The appeal was therefore dismissed as not maintainable, reaffirming the principle that statutory limits restrict appellate review in such circumstances and emphasizing the binding nature of established judicial precedent.

A.W.A. Salam J. — The findings established that, upon th