Jayamaha Mudalige Don Disal Sugath Priyankara vs. Jayamaha Mudalige Don Anthony Apollinaris et al. – CA RII/49/2024-2024
In the case between Jayamaha Mudalige Don Disal Sugath Priyankara (Petitioner, Party of the 2nd Part) and Jayamaha Mudalige Don Anthony Apollinaris and Jayamaha Mudalige Don Mark Lucien Prasad (Respondents, Party of the 1st Part), the court addressed the entitlement to extraordinary relief of restitutio in integrum following a dispute over land possession. The court held that the petitioner failed to meet the stringent conditions required to invoke the remedy of restitutio in integrum under Article 138 of the Constitution, reaffirming the principle that extraordinary relief is not available where adequate ordinary remedies exist or where the established legal process has not been exhausted. The decision relied on the interpretation of the Primary Courts’ Procedure Act and prior jurispruden

