Gunasena v. Bandaratilleke – sllr 2000 volume 1 page 292

In the case between Gunasena (plaintiff) and Bandaratilleke (defendant), the court addressed whether the Court of Appeal possessed inherent jurisdiction to set aside a previously delivered judgment containing an error—specifically, the misidentification of the appellant and respondent—by issuing a corrected judgment. The case examined the propriety and limits of judicial powers when faced with judgments delivered per incuriam, and the procedural remedies available thereafter. It was held that the Court of Appeal was entitled to recognize and correct such manifest errors by recalling the flawed judgment and delivering a new one, provided it served the interests of justice and prevented substantive injustice arising from clerical or procedural mistakes. Reliance was placed on established leg

REF: sllr 2000 volume 1 page 292 Category: Tag:
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