Metal Packing Ltd. and Another v Sampath Bank Ltd. – sllr 2008 volume 1 page 356

In the case between Metal Packing Ltd. (and another party) and Sampath Bank Ltd., the court considered whether an affidavit submitted under the Debt Recovery (Special Provisions) Act, Act No.9 of 1994, must explicitly use the term “lawfully due” as opposed to “justly due” and, further, whether this omission constituted a fatal defect in the claim. The court determined that the omission was merely technical and did not affect the substantive validity of the affidavit, as the supporting documents and absence of any substantive defense demonstrated the sum was indeed due. The decision reaffirmed that procedural requirements under Section 6(2) of the Act regarding the defendant’s obligation to furnish sufficient security must be satisfied, and a general denial unsupported by evidence does not