Husaira v. Samaranayake – sllr 1998 volume 1 page 141

In the case between Husaira (Plaintiff) and Samaranayake (Defendant), the court addressed the issue of whether execution of a decree pending appeal may be stayed at the court’s discretion under section 23 of the Judicature Act, as amended by Act No. 37 of 1979. It was held that the discretionary power to stay execution remains operative, contrary to the mistaken view that Act No. 16 of 1989 eliminated such discretion. This decision reaffirmed the principle that judicial discretion must be exercised in light of the party’s specific circumstances. The court emphasized that both the District Court and Court of Appeal erred in law by overlooking the defendant’s advanced age, health, and financial limitations as relevant for the exercise of discretion. Precedents and statutory interpretation es