Nimali Champika vs Urban Development Authority – CA PHC NO. 98/2004-2013

In the case between Nimali Champika and the Urban Development Authority, Galle, with the Hon. Attorney General cited as a respondent, the court addressed the issue of whether the Court of Appeal possessed jurisdiction to hear an appeal from a judgment of the High Court delivered in its appellate capacity over a Magistrate’s order. It was held that the Court of Appeal is without jurisdiction to entertain such an appeal, in line with the precedent established in Wickramasekera Vs. O.I.C. Police Station, Ampara (2004 1 SLR 257). The principle reaffirmed that appellate review by the Court of Appeal does not extend to orders made by the High Court on appeal from Magistrates, emphasizing the need for jurisdictional clarity in appellate matters.

A.W.A.SALAM, J. — It was determined that the appe