W.T. S. Nilantha Fernando vs P.M.S. Nilanthi Perera – SC APPEAL 65/2025-2025

This case concerns the jurisdictional boundaries between the Court of Appeal and the Supreme Court concerning appeals originating from Provincial High Courts. The dispute arose after a divorce decree, leading to a land partition claim. The District Court initially ruled in favor of the plaintiff, but this decision was overturned by the Provincial High Court of Civil Appeal. The plaintiff subsequently filed applications for revision and restitutio in integrum in the Court of Appeal, bypassing the statutory appeal period to the Supreme Court. The defendant contested the Court of Appeal’s jurisdiction, asserting that appeals from Provincial High Courts exercising appellate powers exclusively lie with the Supreme Court. The Supreme Court determined that the Court of Appeal lacks the authority

REF: SC APPEAL 65/2025-2025 Category: Tag:
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