Ekanayake Mudiyanselage Upali Ekanayake vs The Officer In Charge, Police Station, Hemmathagama – CA PHC 76/2010-2017

In the case between Ekanayake Mudiyanselage Upali Ekanayake (appellant) and The Officer In Charge, Police Station, Hemmathagama and Mohomed Smar Mohomed Rizan (respondents), the court addressed the issue of entitlement to a right of way over land possessed by the second respondent, as well as the scope of revisionary jurisdiction in reviewing Primary Court decisions related to land disputes. It was held that the appellant failed to establish entitlement to a right of way and that the appellate courts’ revisionary review is limited in scope, particularly in matters arising under section 66(1) of the Primary Court Procedure Act. The findings established that no illegality, impropriety, or irregularity was present in the lower courts’ orders, reaffirming the principle that section 66 proceedi