RANJANI

Vs.

ANANDA

COURT OF APPEAL
GOONERATNE, J.
SAMAYAWARDHENA, J.
CN/PHC/85/2015
HC COLOMBO 167/2011 (Rev)
MC COLOMBO 53023/5
AUGUST 2, 2019

Res judicata-Urban Development Authority Act, No. 41 of 1978, sections 8A-8H, 8J, 23(5) and 28A(3)-Delegation of power-Demolition of unauthorised construction

The respondent filed action against the appellant in the Magistrate's Court under section 28(A)(3) of the Urban Development Authority Law seeking an order for demolition of an unauthorised construction by the appellant. The Magistrata's Court dismissed the application directing that the case be reinstituted against the present owner of the building, the husband of the appellant. In revision, the High Court set aside the order of the Magistrate's Court on the basis that the appellant is estopped from denying her ownership to the building. The appellant invoked the jurisdiction of the Court of Appeal to set aside the said order of the High Court. The appellant's main contention before the Court of Appeal was that the matter is res judicata.

Held:

1. The thrust of the doctrine of res judicata is to prevent a party from re-litigating an issue or taking up