Karunarathne Mudiyanselage Somasiri vs Municipal Council Kurunegala – CA PHC 250/2017-2023

In the case between Karunarathne Mudiyanselage Somasiri (Power of Attorney holder for Tyron Lawrence Navaratne de Alwis) and the Municipal Council of Kurunegala with its officers, the court examined the jurisdiction of the Magistrate’s/Primary Court under Section 66(1)(b) of the Primary Courts’ Procedure Act to entertain disputes involving alleged or threatened breaches of peace concerning possession of land. It was determined that jurisdiction exists where a real threat to peace is present, affirming the principle that such courts are empowered to intervene early to prevent disturbances rather than to resolve title through extensive trials. The legal framework, including Section 66(1)(b) of the Primary Courts’ Procedure Act and pertinent provisions of the Evidence Ordinance, was applied.