P.V.P. Senaka Gunasena vs. Secretary, Alpitiya Divisional Secretory – CA PHC NO. 167/2010-2013

The case between P.V.P. Senaka Gunasena (Appellant) and Secretary, Alpitiya Divisional Secretary (Respondent) addressed the issue of whether the Court of Appeal possesses jurisdiction to entertain an appeal arising from a High Court judgment rendered in its appellate capacity over a Magistrate’s order. It was held that the Court of Appeal lacks such jurisdiction, reaffirming the principle that appellate jurisdiction of the Court of Appeal in these circumstances is limited by statute and established precedent. Reliance was placed on Wickramasekera Vs. O.I.C. Police Station, Ampara (2004 1 SLR 257), emphasizing that appeals from High Court decisions made in the exercise of appellate jurisdiction over Magistrates’ court matters are not justiciable before the Court of Appeal. The appeal was th