Kelani Valley Plantation PLC vs Niliyan Yogeshan – CA LTA 0017/2023-2023

In the case between Kelani Valley Plantation PLC and Niliyan Yogeshan, the court examined whether jurisdiction to hear the application for leave to appeal—arising from a District Court refusal of an enjoining order—should lie with the Court of Appeal under Article 138 of the Constitution, or be transferred to the Provincial High Court of Central Province pursuant to Article 154P and Act No. 19 of 1990. It was held that, in the absence of exceptional circumstances warranting retention, the case should be transferred to the Provincial High Court, reaffirming the principle that devolution and regionalization of appellate jurisdiction under the 13th Amendment and relevant statutes must be followed. The decision emphasized the preference for proceedings to be conducted within the appropriate pr

REF: CA LTA 0017/2023-2023 Category: Tag:
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