Dodampe Gamage Nihal Lakshman Abeygunawardena and Hewage Anura Chandralal Perera vs Pilippenge Somalatha Gunaratne – SC SPL.LA. 116/2012-2013

In the case between Dodampe Gamage Nihal Lakshman Abeygunawardena, Hewage Anura Chandralal Perera, and Pilippenge Somalatha Gunaratne, Dinayadura Udeni Maheshika Silva (with participation of the Hon. Attorney General as Third Defendant-Respondent-Respondent), the Supreme Court addressed the question of whether proceedings pending in the District Court of Minuwangoda should be transferred to another court to secure a fair and impartial trial. It was determined that Special Leave to Appeal be granted against the Court of Appeal’s refusal to transfer the case under Section 46 of the Judicature Act. The Court found consensus among parties that impartiality would best be preserved by transferring the action to the District Court of Negombo. Accordingly, the order of the Court of Appeal was set