A.M. Saman Thilakarathne v. Hon. Attorney General – CA PHC 175/03-2014

In the case between A.M. Saman Thilakarathne (Appellant) and the Hon. Attorney General (Respondent), the court considered whether the Court of Appeal possessed jurisdiction to hear an appeal from a decision of the High Court of Negombo, where the High Court exercised appellate powers. It was held that the Court of Appeal lacked such jurisdiction, based on the legal principle reaffirmed in Wickremasekera v. OIC Police Station Ampara (2004 (1) SLR 257). The request by the appellant to convert the appeal into a revision application was declined, given the potential for conflicting with Supreme Court precedent. This decision highlights the binding effect of Supreme Court pronouncements on jurisdictional matters and precludes the use of revision to circumvent express appellate limits.

K.T. Chi