Kelani Valley Plantation PLC vs D. A. Ajantha Prelamal – CA LTA 0018/2023-2023

The case between Kelani Valley Plantation PLC and D. A. Ajantha Prelamal involved the issue of whether the Court of Appeal should exercise its jurisdiction under Article 138 of the Constitution or transfer the appeal to the Provincial High Court of Central Province pursuant to the High Court of Provinces (Special Provisions) Act No. 19 of 1990 (as amended). The sequence of events originated with the District Court of Nuwara Eliya’s refusal to grant an ex-parte enjoining order, upon which the Plaintiff sought appellate relief. It was held that, in the absence of exceptional circumstances warranting intervention by the Court of Appeal, practical and statutory considerations necessitated the transfer of the matter to the relevant Provincial High Court. The decision reaffirmed the principle th