Gunawardena v. Deraniyagala and Others – sllr 2010 volume 1 page 309

In the case between the Defendant-Appellant (represented by Garnini Marapana, P.C. and colleagues) and the Plaintiffs-Respondents (represented by D.S. Wijesinghe, P.C. and colleagues), the Supreme Court addressed whether the Land Reform Commission could divest itself of title to property vested in it, based on a letter (P18), and whether an issue regarding the land’s status as agricultural or non-agricultural could be raised for the first time on appeal. The judgment established that such mixed questions of law and fact, not fully raised or presented during trial, could not be introduced for the first time on appeal. The holding reaffirmed the principle that appellate courts are precluded from considering new issues unless necessary material has been properly adduced at the trial stage. Re