Kariyawasam And Another v. Donamercy – sllr 2006 volume 2 page 256

In Kariyawasam and Another (Plaintiffs) vs. Donamercy (Defendant), the court examined whether an affidavit is rendered invalid when persons of the Catholic faith affirm instead of swearing, and considered the construction of the Oaths Ordinance regarding the permissive versus mandatory nature of its requirements. It was determined that substituting an oath with an affirmation does not violate statutory requirements; affidavits affirmed by Catholics are legally valid. The principle was reaffirmed that the essential duty of a deponent is to speak the truth, irrespective of the formality employed, as supported by relevant statutory interpretation and judicial precedent. The impugned preliminary objection was accordingly overruled, underscoring that statutory language conferring discretion can