Moses vs Welaratne – sllr 2007 volume 1 page 078

The case between Moses (Petitioner) and Welaratne (Respondent) addressed the issue of whether a breach of an undertaking given to the Court of Appeal, regarding the maintenance of the status quo and prohibition of further construction on the disputed Northern boundary, amounted to contempt of court. It was held that a finding of contempt requires both a clear, explicit undertaking and an unequivocal breach, coupled with strict adherence to procedural fairness, including formulation and specific communication of the contempt charge. The principle reaffirmed is that contempt actions must be strictly construed, respecting due process and the burden of clarity on the parties. The decision relied on established precedents concerning contempt proceedings and recognized the need for certainty in