Mohomed Safayar Mohomed Saleem vs Wanninayake Mudiyanselage Chandana Kumara Wanninayake – CA PHC 84/2012-2014

In the case between Mohomed Safayar Mohomed Saleem (Appellant) and Wanninayake Mudiyanselage Chandana Kumara Wanninayake, Divisional Secretary (Acting), Nikaweratiya (Respondent), the court addressed the maintainability of an appeal against a High Court judgment that affirmed a Magistrate’s order made under the State Land (Recovery of Possession) Act. It was held that the appeal could not be maintained where the land was determined to be State Land, reaffirming the principle that appeals in such matters are precluded by prevailing Supreme Court authority. This decision relied on the Supreme Court determination in SC Appeal 21/2013, emphasizing that, in cases involving State Land under the said Act, the appellate process is restricted, thus upholding the statutory bar on further appeal.

A.