Ratanajothi Thero v. Somarathana Thero – sllr 1987 volume 1 page 151

In the case between Ratnajothi Thero (plaintiff) and Somarathana Thero (defendant) concerning the appointment of a Viharadhipathi, the court addressed the admissibility of a purported Last Will (document 2D1) for proving nomination under Buddhist Ecclesiastical Law and the Buddhist Temporalities Ordinance. The core legal issue involved whether such a document, not proved or admitted to probate in the District Court, could serve as evidence of appointment, and the extent to which section 9 of the Prevention of Frauds Ordinance was applicable. It was ultimately held that, while 2D1 took the form of a last will, it remained admissible as evidence for nomination of Viharadhipathi, since the statutory probate requirement did not disqualify its evidentiary value in this specific legal-religious

REF: sllr 1987 volume 1 page 151 Category: Tag:
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