Kulatunga v. Samarasinghe – sllr 1990 volume 1 page 244

In the case between Kulatunga (Plaintiff) and Samarasinghe (Defendant), the court addressed the issue of the effect of significant delay—two years and four months—in the delivery of judgment after the conclusion of evidence and submission of documents, specifically regarding the reliability of the trial judge’s impressions of oral testimony. It was held that such delays undermine the accuracy of factual findings, necessitating judicial intervention. The principle reaffirmed emphasized that a protracted interval between evidence and judgment can prejudice the determination of disputed facts based on witness demeanor and credibility. Reliance was placed on precedent, notably Mohota v. Sarana, with the appellate court directing that the case be remitted for a de novo retrial due to the invali

REF: sllr 1990 volume 1 page 244 Category: Tag:
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