Fonseka and Another v. Anthony Appuhamy – 1978_79 volume 2 page 274

In Fonseka and Another v. Anthony Appuhamy, the court addressed whether payment by cheque, issued pursuant to a pre-arranged contractual agreement between the parties and the State Mortgage Bank, could be regarded as valid payment discharging the contractual obligation. The findings established that, given the earlier consent of the respondent to receive such payment and the clear intention expressed in subsequent correspondence, delivery of the cheque fulfilled the requirements for proper payment and consideration. Reliance was placed on relevant precedents concerning the effect of conditional and absolute payment by cheque, with an emphasis on the actual intention of the parties. The decision reinforces that performance by means agreed upon in advance will discharge legal obligations, ev