Ananda Paranawithana v. Upali Jayasinghe – CA PHC/184/2005-2017

In the case between Ananda Paranawithana (Petitioner) and Upali Jayasinghe (Respondent), the court addressed the issue of whether a credible threat or likelihood of a breach of the peace, arising from a land dispute, had been established as required for the assumption of Primary Court jurisdiction under Section 66 of the Primary Court Procedure Act. It was determined that such a threat must be substantiated by evidence, and the mere existence of a land dispute does not automatically invoke the court’s preventative jurisdiction. The findings established that the Magistrate had correctly concluded that no such threat existed based on affidavits and supporting materials. Conversely, the High Court was found to have misapplied the legal test and improperly reversed the Magistrate. The decision