Haji Omar v. Wickramasinghe and Another – sllr 2002 volume 1 page 105

In the case between Haji Omar (Plaintiff) and Wickramasinghe, a bank, and a purchaser (Defendants), the court addressed the issue of whether an interim injunction could be granted to restrain the issuance of a certificate of sale when such a certificate had already been issued prior to the institution of the action. It was held that the certificate of sale, once issued, constituted conclusive evidence that all statutory provisions had been complied with, and the validity of the certificate was not properly contested in the pleadings. The court reaffirmed the principle that, under the relevant Act, the issuance of the certificate of sale is determinative and exclusive as to compliance with the statutory requirements. This decision relied on existing case law and statutory interpretation, em

REF: sllr 2002 volume 1 page 105 Category: Tag:
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