SUBASHINI VS. OIC, POLICE STATION TISSAMAHARAMA AND ANOTHER

SUBASHINI VS. OIC, POLICE STATION TISSAMAHARAMA
AND ANOTHER

COURT OF APPEAL
ABDUL SALAM, J. (P/CA)
RAJAPAKSE, J.
CA PHC 128/2011
PHC HAMBANTOTA 7/2010
MC TISSAMAHARAMA 99595/09
FEBRUARY 18, 2014
SEPTEMBER 2, 2014

Primary Courts Procedure Act No. 44 of 1979 Section 66(1) (a) - Agricultural Development Act Section 90 - interference with Cultivation Rights of owner cultivator or occupier - Could the jurisdiction conferred under Section 66 be exercised? - Special Tribunal created to give specific remedy - Resort to that Tribunal?

Held:

(1) Where a statute created a right and in plain language gives a specific remedy or appoints a specific tribunal for its enforcement a party seeking to enforce the right must resort to that tribunal and not to others.

APPEAL from the Judgment of the provincial High Court (Hambantota)

Cases referred to:-

1. Mansoor vs. OIC Avissawella 1991 2 SLR 75

Anuruddha Dammika with Indika Jayaweera for 1st party petitioner - Appellant

Gamini Premathilake with Ranjith Henri for 2nd party respondent

02nd October 2014

A.W.A. SALAM, J (P/CA)

This is an appeal preferred against the judgment o

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