P. Sagara Nimal vs OIC Police Station, Polonnaruwa – CA PHC 63/2005-2005

In the case between P. Sagara Nimal and the OIC, Police Station, Polonnaruwa and Hon. Attorney General, the court addressed the issue of whether the Court of Appeal has jurisdiction to hear an appeal against a decision of a High Court Judge made in the exercise of appellate powers. It was determined that such jurisdiction does not exist, and the appeal was accordingly dismissed. The principle reaffirmed that the appellate jurisdiction of the Court of Appeal is limited in cases where a High Court Judge has already exercised appellate powers, as established in Wickremasaker v. OIC Ampara (2004 (1) SLR 257). This approach underscores the constrained scope of appellate review in similar judicial circumstances.

K.T.Chitrasiri J. — The appeal was assessed with specific reference to the nature