Halwan and Others v. Rahaman and Others – sllr 1993 volume 1 page 201

In Halwan and Others v. Rahaman and Others, the issue concerned the interpretation and application of section 14(1)(a) of the Wakfs Act relating to the confirmation and appointment of trustees for the Ulahitiwela Mosque. The dispute centered on the jurisdiction of the Wakfs Board to reappoint trustees whose term had lapsed, absent a fresh nomination by the Sheik of Beruwela. The court determined that, under the statutory framework, only trustees properly nominated in accordance with established practices could be confirmed, and that the Board lacked authority to extend terms or reappoint expired trustees without nomination. Statutory provisions were held to prevail over conflicting regulations, such as regulation 42 published in the Gazette. Prior orders did not give rise to res judicata t