Procedures
Roman-Dutch substance tried under a common-law procedural code
Civil actions proceed under the Civil Procedure Code of 1889, a common-law style code, even though the substantive law it enforces is largely Roman-Dutch. Cases start in the District Court, with appeal to the Provincial High Court and then the Supreme Court by leave. Delay is the defining practical feature: multi-year first-instance timelines are routine.
Governing law
- Civil Procedure Code, No. 2 of 1889 — Still the governing procedural code, heavily amended.
- Prescription Ordinance, No. 22 of 1871 — Limitation periods.
In practice
District Courts have unlimited original civil jurisdiction; Primary Courts handle small claims. Actions begin by plaint, and the defendant answers; issues are then framed before trial. Appeals from the District Court lie to the Provincial High Court, and onward to the Supreme Court only with leave. The Prescription Ordinance sets limitation periods, generally three years for contract and ten for land. Documents in Sinhala or Tamil need certified translation for use in a different language area, which is a real scheduling cost. Commercial High Court jurisdiction in Colombo covers claims above a monetary threshold and moves faster than the ordinary District Court list.