Wijemunige Gunapala vs Wijemunige Sophiya alias Sopi Hamine – CA NO. 1156/98 F -2014

In the case between Wijemunige Gunapala (appellant) and Wijemunige Sophiya alias Sopi Hamine (respondent), the court addressed whether an order of the District Court declining to vary or amend a final decree is appealable by way of a final appeal without prior leave. The holding established that such orders, relating to procedural amendments to a final decree under the Partition Law No. 21 of 1977, require the aggrieved party to first obtain leave from the Court of Appeal before instituting an appeal. Absence of such leave renders the appeal procedurally misconceived. This principle reinforces the statutory bar on appeals against orders made in partition actions without leave, emphasizing judicial adherence to procedural requirements outlined in relevant statutes and confirming that any de