G. Babahami alias Hinni Hami and G. Saiman Hami vs K.B. Karunawathi – CA NO. 64/98-2014

The case between G. Babahami alias Hinni Hami and G. Saiman Hami (Appellants) and K.B. Karunawathi (Respondent) addressed the issue of whether an appeal could be entertained by the Court of Appeal from an order confirming a partition of land, without obtaining leave as mandated by Section 36(a) of the Partition Amendment Act No. 17 of 1997. It was held that such leave is a jurisdictional prerequisite; the absence of leave precludes appellate review, reaffirming the principle that statutory requirements governing appeals must be strictly observed. The decision relied on the interpretation of Section 36(a) of the Partition Amendment Act No. 17 of 1997, emphasizing that failure to comply with procedural conditions ousts the Court’s jurisdiction to entertain such appeals.

K. T. Chitrasiri J.