Hemachandra vs Alpin Nona – SC APPEAL 6/2011-2016

In the case between Hewadewage Alpin Nona (alias Alginnona) and others (Plaintiff-Respondents) and Pincha Dewage Heebat Hemachandra (12A Defendant-Appellant), the Supreme Court addressed whether the trial judge correctly evaluated evidence regarding the appellant’s claim of chicken pox, which was said to have prevented a court appearance, and whether the interlocutory decree should be set aside. The decision held that dismissal of the application to set aside the interlocutory decree was justified, reaffirming the principle that findings by a trial judge on primary facts, especially those based on witness credibility, should not be lightly disturbed on appeal. Reliance was placed on established case law regarding appellate consideration of factual findings, emphasizing the evidentiary shor