People’s Bank vs Wijesundara Mudiyanselage Gnanathilake Wijesundara – CA 901/97 F -2011

In the case between People’s Bank and Wijesundara Mudiyanselage Gnanathilake Wijesundara and Herath Mudiyanselage Anula Kumarihamy, the court addressed whether a statutory right of appeal existed under the Finance Act No 11 of 1963 (as amended) against a District Court order for delivery of possession pursuant to a vesting order. It was held that no such right of appeal was conferred by statute, reaffirming the principle that appellate jurisdiction must be expressly granted by law and cannot be implied. Reliance was placed on established authorities and statutory interpretation, emphasizing that appeal rights are strictly a matter of statutory provision.

Rohini Marasinghe J. — It was determined that appellants were subject to a summary order for delivery of possession following vesting o