Jayasekarage Bandulasena et al. vs Galla Kankanamge Chaminda Kushantha et al. – CA PHC/147/2009-2009

In the case between Jayasekarage Bandulasena and others (Appellants) and Galla Kankanamge Chaminda Kushantha and others (Respondents), the court addressed whether the Appellants were entitled to a right of way and residence over the disputed land, and whether the Provincial High Court erred in refusing to revise the Primary Court’s order, which had upheld the Respondents’ possession. It was held that the scope of appellate review against decisions under the Primary Courts’ special jurisdiction, as governed by section 66 of the Primary Courts Procedure Act and section 74(2) (which bars appeals), is strictly limited to the legality, propriety, or regularity of the High Court’s exercise of revisionary jurisdiction. The decision reaffirmed the principle that orders made by Primary Courts under