Abdul Wadood Mohamed Athas v. Maduwage Yasapaala Silva – CA TR 12/2016-2016

In the case between Abdul Wadood Mohamed Athas (Defendant-Petitioner) and Maduwage Yasapaala Silva (Plaintiff-Respondent), the court addressed the issue of whether an application to transfer District Court Case No. 3453/L from the District Court of Balapitiya should be granted due to alleged threats to the Defendant-Petitioner’s life. It was held that the application lacked merit, as the Defendant-Petitioner failed to substantiate any imminent danger to his life connected with attending court for this case. The findings established that the prior alleged perpetrator of threats from 2012 was deceased and that the 2016 complaint did not detail any present threat or seek investigation. The principle reaffirmed is that, absent compelling and substantiated evidence establishing risk to a party’