Ghouse v. Mercantile Credit Limited – sllr 1997 volume 2 page 127

The case between GHOUSE and MERCANTILE CREDIT LIMITED addressed the issues of whether a judgment-debtor is entitled to prefer a claim to exempt seized property under section 241 of the Civil Procedure Code and the appropriate jurisdiction to investigate and grant relief from the seizure. It was determined that the claimant was not within the class of persons who may invoke section 241, and that jurisdiction resides with the District Court of Colombo, not with the District Court of Avissawella. The decision relied on a close statutory analysis of the relevant provisions and precedent, reaffirming that the claim was not supportable under the stipulated legal principles.

G. P. S. DE SILVA, C.J. — It was determined that the seized premises could not be released on the basis of section 241