Tudor v. Anulawathie and Others – sllr 1999 volume 3 page 235

The case between Tudor (Plaintiff) and Anulawathie and others (Defendants) concerned whether sections 68 and 69 of the Primary Courts’ Procedure Act conferred jurisdiction on the court to order the removal or demolition of obstructions, specifically a concrete post, as a necessary means to restore possession or protect ancillary rights. The proceedings addressed the sufficiency of the reasons given by the Primary Court and the use of implied powers where statutory language was not explicit. An order was issued by the Primary Court compelling removal of the obstruction, which was challenged on grounds including the lack of voluntarily expressed consent and insufficient judicial reasoning. The appellate inquiry concluded that statutory interpretation and the doctrine of implied powers did no