Deejay Industries Limited v. Dehiwela Mount Lavinia Municipal Council – sllr 1986 volume 2 page 365

In the case between DeeJay Industries Limited and the Dehiwela-Mt. Lavinia Municipal Council, the court examined whether a Special Commissioner, appointed under section 277 of the Municipal Councils Ordinance following the dissolution of the Municipal Council, could be sued as a distinct legal person or corporate entity (“nomine officii”), or whether proceedings could only be maintained against the Municipal Council itself. The central holding permitted the amendment of the plaint to name the Special Commissioner as a proper party, confirming that statutory provisions implied the Special Commissioner functioned with the requisite corporate attributes for litigation, even in the absence of an express statutory declaration creating a corporation sole. Reliance was placed on the interpretatio

REF: sllr 1986 volume 2 page 365 Category: Tag:
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