Kulatunge v. Peiris – sllr 2002 volume 1 page 357

In the case between the substituted plaintiff-appellant and the substituted defendant-respondent concerning ownership and tenancy of premises in Dehiwala, the principal issues addressed were whether the Court of Appeal was vested with the inherent jurisdiction to authorize temporary repairs to preserve the subject-matter pending appeal, and whether such intervention could occur absent affidavit evidence or opportunity for the plaintiff to be heard. The action commenced with the dismissal of the plaintiff’s claim following a finding in favor of the defendant’s tenancy. During the appeal, the substituted defendant sought judicial leave for repairs to avert imminent collapse, resulting in an order by the Court of Appeal that was later reviewed. It was held that while the appellate court’s inh