Nishshanka Wickramanayake v. Hemasiri Jayawardhane – CA PHC/49/2006-2006

In the case between Nishshanka Wickramanayake (Appellant) and Hemasiri Jayawardhane (Respondent), the court addressed the issue of whether the Primary Court had jurisdiction under Section 66(1)(b) of the Primary Courts Procedure Act to decide on possession of the disputed land, specifically requiring that a threat or likelihood of a breach of peace be established before such jurisdiction could be exercised. It was held that, in the absence of any evidence indicating a real or imminent breach of peace, the Magistrate’s Court lacked the jurisdiction to grant the appellant possession of the land. The principle was reaffirmed that satisfaction as to the likelihood of a breach of peace is a prerequisite for invoking this summary procedure. This determination rested on the interpretation of Sect