J. P. Abeypala v. Soma Rajapakshe – CA PHC NO. 05/2002-2014

In the case between J.P. Abeypala (Petitioner–Respondent–Appellant) and Soma Rajapakshe (Respondent–Petitioner–Respondent), the court considered whether orders of the Primary Court and the High Court, regarding a land dispute and the existence of a breach of the peace, should be set aside or affirmed. It was determined that evidence supported the Primary Court’s assumption of jurisdiction, as the existence of a breach of the peace was established in the affidavits and not denied by the parties concerned. The appellate court found that the High Court Judge had misdirected himself by overlooking such evidence and ruled to reinstate the Primary Court’s order. The principle reaffirmed is that the sufficiency of evidence concerning breach of the peace is critical to the assumption of jurisdicti