Martin v. Wijewardene – sllr 1989 volume 2 page 409

In the case between Martin (Plaintiff) and Wijeawardena (Defendant), the court addressed the issue of whether, under Section 18 of the Agrarian Services Act No. 58 of 1979, a tenant cultivator is granted a statutory right of appeal and the broader interpretation of Article 138 of the Constitution concerning appellate jurisdiction. It was held that the Agrarian Services Act does not create or confer any right of appeal for orders made under Section 18, maintaining that any right of appeal must be expressly granted by statute and cannot be implied from Article 138 of the Constitution. The holding reaffirmed the fundamental principle that appellate jurisdiction can only be exercised where a specific statutory right of appeal exists. This position was supported by analyzing relevant statutes,