SOMAWATHIE

Vs.

SIRIPALA AND OTHERS

COURT OF APPEAL
DE SILVA, J.
WENGAPPULI, J.
CA/PHC/APN/78/2018 (REV)
PHC HAMBANTHOTA 47/2000
JUNE 2, 2018, DECEMBER 13, 2018

Article 138 and 154P(4)(b)of the Constitution-Revision-Retrospective applicability of a judgment of the Supreme Court

The petitioner invoked the revisionary jurisdiction of the Court of Appeal seeking to nullify an order made by the Provincial High Court on the basis that the High Court had no jurisdiction to make an order on a dispute in relation to state land that had been brought before the court under Article 154P(4)(b) of the Constitution. The petitioner founded her contention on the reasoning contained in the judgment of the Supreme Court in Superintendent, Stafford Estate and two others v. Solaimuthu Rasu (2013] 1 Sri LR 25 and on the basis that the said judgment which laid down procedural law ought to be retrospectively applied in her favour. The order of the Provincial High Court is dated 11.12.2002 and the Rasu judgment was pronounced on 17.07.2013.

Held:

1. Even if changes were made to the procedural laws where a "vested right" is affected, such instances have been treated as an