Merchant Bank of Sri Lanka Ltd. vs Wijayawardene and Others – sllr 2012 volume 2 page 001

In the case between Merchant Bank of Sri Lanka Ltd. and Wijayawardene and Others, the court addressed the issue of whether the right of appeal from an order of a High Court exercising civil jurisdiction under Act No. 10 of 1996 is restricted by Section 329 of the Civil Procedure Code or whether appellate jurisdiction remains exclusively with the Supreme Court as established by Section 5 of the Act. It was held that appellate rights from High Courts, when exercising civil jurisdiction pursuant to Act No. 10 of 1996, do not extend to the Court of Appeal and are confined to the Supreme Court, as only specific sections of the Civil Procedure Code were incorporated into the Act. The principle of “expressio unius est exclusio alterius” was reaffirmed, supporting that review of such High Court or