Sheriff and Others v. Jamaldeen – sllr 2000 volume 2 page 190

In the case between Sheriff and Others (trustees of a Muslim charitable trust or Wakf) and Jamaldeen, the court addressed whether a certificate from the Director is a mandatory prerequisite for instituting proceedings under the Muslim Mosques and Charitable Trusts (Wakfs) Act in either the District Court or the Wakfs Tribunal. The court held that such a certificate is a sine qua non for instituting proceedings, reaffirming the principle that statutory requirements must be fulfilled before invoking the jurisdiction of the courts or tribunals under the Act. This decision relied on the interpretation of Sections 9E(3), 39(1), 39(2), and 29(1) of the relevant Act, underscoring that non-compliance with statutory preconditions will result in dismissal of proceedings.

Weerasuriya J. — The statu