Manatunga v Amarasighe – sllr 2004 volume 3 page 007

In MANATUNGA v AMARASINGHE, the court considered whether the plaintiff-petitioner’s application under section 46 of the Judicature Act for the transfer of proceedings from the District Court of Kurunegala to the District Court of Colombo should be granted. The application was based on claims that no Attorney-at-Law at Kurunegala would act for the applicant and concerns regarding a fair trial. It was held that insufficient evidence was provided to demonstrate an actual refusal by attorneys, and any confusion concerning the trial date was determined to have resulted from an error by the applicant’s attorney, not a systemic bar to representation. The application was dismissed, with the court reaffirming that transfers under section 46 require clear and compelling grounds, maintaining the prin