Sumanadasa v. Hathurusinghe – sllr 1995 volume 2 page 017

In the case between Sumanadasa (Plaintiff) and Hathurusinghe (Defendant), the court addressed whether an appeal to the Court of Appeal may be taken from an order of the High Court made in the exercise of appellate jurisdiction under Article 154P(3)(b) of the Constitution. It was held that the Constitution expressly confers a right of appeal from orders of the High Court, whether made in appellate or revisionary jurisdiction, to the Court of Appeal. The principle reaffirmed is that where a constitutional right of appeal exists, it is not curtailed by general statutory provisions unless expressly stated. The decision relied on the interpretation of Articles 138(1), 154P(3)(b), and 154P(6) of the Constitution, emphasizing that maintaining access to appellate review strengthens procedural fair