Prins Gunasekera v. The Associated Newspapers of Ceylon Ltd. – sllr 2000 volume 3 page 122

In the case between Prins Gunasekera and The Associated Newspapers of Ceylon Ltd., the court addressed whether an ex-parte judgment from the High Court of England could be enforced in Sri Lanka under the Reciprocal Enforcement of Judgments Ordinance. It was held that the applicant had failed to prove that the respondent was carrying on business in the United Kingdom, as required by Section 3(2)(b) of the Ordinance, thus failing to satisfy a prerequisite for enforcement of the foreign judgment. The decision reaffirmed the principle that the burden of proof lies on the party seeking enforcement to establish jurisdictional facts, with the court relying on relevant English authorities and the statutory framework. The outcome established that insufficient evidence of business activity in the UK

REF: sllr 2000 volume 3 page 122 Category: Tag:
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