Isuku Lebbe Hamidu Lebbe vs A.V. Premarathna – CA CASE NO. 679/97 F -2015

The case between Isuku Lebbe Hamidu Lebbe (plaintiff/appellant) and A.V. Premarathna (defendant/respondent) addressed whether the plaintiff was entitled to a declaration of title to the land described in the plaint and an order for ejectment of the defendant for non-payment of rent and for disputing the plaintiff’s title. It was held that the ex parte judgment rendered in favor of the plaintiff could not be disturbed on appeal because no direct evidence establishing a tenancy or service of a quit notice was produced, and a direct right of appeal was unavailable against such ex parte judgments under the Civil Procedure Code. The revisionary jurisdiction of the court was discussed, emphasizing that intervention is limited to matters of manifest illegality or irreparable injustice. The court