Thosiya Maliduwagama Arachchige Malini and Wanniarachchige Gunasena vs Hemagampda Withanage Upul Priyantha – CA MISC : 05/16-2017

In the case between Thosiya Maliduwagama Arachchige Malini and Wanniarachchige Gunasena (Accused-Appellants) and Hemagampda Withanage Upul Priyantha (Substituted-Plaintiff-Respondent), the court addressed the issue of appellate jurisdiction concerning contempt of court orders issued by District Courts, specifically whether such appeals should be preferred to the Provincial High Court or the Court of Appeal. It was held that the relevant legal provisions, namely Section 798 of the Civil Procedure Code, Article 138 and 154P of the Constitution, and the High Court of the Provinces (Special Provisions) Act No. 19 of 1990 (as amended), confer concurrent appellate jurisdiction upon both the Court of Appeal and the Provincial High Court. The decision reaffirmed the principle that legislative and