Mohinudeen and Others v. Bank of Ceylon – sllr 2001 volume 3 page 025

In the case between Mohinuddeen and Others (Plaintiffs) and Bank of Ceylon (Defendant), the court addressed the issue of whether an interim injunction should be granted under Section 247 of the Civil Procedure Code, considering claims of fraudulent conveyance and the balance of convenience. It was held that the petitioners, being the children of the judgment debtor, failed to make out a prima facie case for relief due to procedural delays and circumstances suggesting an intention to frustrate the judgment. The principle reaffirmed is that a court must weigh both the strength of the claim and the defense when considering interim relief. Reliance was placed on authorities such as Hubbard v. Vosper and Jinadasa v. Weerasinghe. The decision emphasized that undue delay, coupled with conveyance

REF: sllr 2001 volume 3 page 025 Category: Tag:
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