Joe Franko Fransisko Vs. Wijekoon Mudiyanselage Kapurubanda and others – CA NO. TR. 295/2014-1978

In the case between Joe Franko Fransisko (plaintiff–petitioner) and Wijekoon Mudiyanselage Kapurubanda (deceased), Wanni Atapattu Mudiyanselage Kumarapala (deceased), Pannipitiye Gemithi Ralalage Malini Dayaratna Manike and others (defendants–respondents), the court addressed whether a partition action pending in the District Court of Maho should be transferred to another District Court under Section 46 of the Judicature Act No. 2 of 1978 and Article 138(2) of the Constitution. The issue arose from the petitioner’s assertion that legal representation in Maho was unattainable due to local conflicts of interest, thereby undermining the right to counsel and due process. It was held that, where credible and uncontradicted evidence establishes a petitioner’s inability to secure legal representa