Gita Fonseka v. The Monetary Board of the Central Bank of Sri Lanka – sllr 2004 volume 1 page 149

In the case between Gita Fonseka (Plaintiff) and The Monetary Board of the Central Bank of Sri Lanka (Defendant), the court addressed whether the filing of an affidavit without a formal statement of objections fulfills the mandatory requirements of the Court of Appeal (Appellate Rules) 1990. It was held that strict compliance with the rule necessitates both a statement of objections and a supporting affidavit; filing an affidavit alone does not suffice. The decision reaffirmed the principle that procedural rules governing the mode of opposition in appellate proceedings are mandatory and cannot be overridden by departmental practice. This interpretation relied on the text of Rules 3(4)(b)(i) and 3(7) and relevant case law, underscoring the necessity of adherence to procedural requirements a

REF: sllr 2004 volume 1 page 149 Category: Tag:
Scroll to Top