Nuhuman Mohomed Aniz v. Officer in Charge, Police Station, Mawanella and Others – CA PHC 248/2006-2006

In the case between Nuhuman Mohomed Aniz and Officer in Charge, Police Station, Mawanella, the court considered whether the Provincial High Court of Sabaragamuwa Province (Kegalle) had erred in refusing a revision application against an order of the Primary Court of Mawanella regarding a property dispute arising from the erection of a fence obstructing access to a washroom. It was held that the Primary Court’s order directing removal of the fence, as affirmed by the Provincial High Court, was correct and in accordance with law and fact. The holding reaffirmed the principle that appellate courts will not intervene with properly exercised primary court jurisdiction in the absence of illegality or procedural impropriety. This decision relied on the Primary Court Procedure Act No. 44 of 1979 a