Warnakula Patabendige Vernon Raajman Perera Vs Medagoda Arachchige Samantha Fernando and others – CA INJ APPLICATION NO. 01/2018-2018

In the case between Warnakula Patabendige Vernon Raajman Perera (Petitioner) and Medagoda Arachchige Samantha Fernando and Wickamakodi Weerasinghe Appuhamylage Sudath Chaminda Kumara (Respondents), the court addressed whether an injunction could be granted by the Court of Appeal under Article 143 of the Constitution in circumstances where section 56 of the Debt Conciliation Boards Ordinance imposes a statutory bar on civil proceedings. It was held that the Debt Conciliation Board does not constitute a “Court of First Instance” within the meaning of Article 143, as defined by section 2 of the Judicature Act. The principle established reiterates that injunctive relief under Article 143 cannot be issued by the Court of Appeal where the proceedings do not originate from a recognized court of f