Wedikkarayalage Nirosha Sanjeewani vs Hewavitharanage Podimenike – SC APPEAL 180/2011-2022

In the case between Wedikkarayalage Nirosha Sanjeewani (plaintiff) and Hewavitharanage Podimenike (defendant), the Supreme Court addressed the issue of a land title dispute in which the plaintiff relied on deeds of transfer while the defendant asserted a constructive trust on the basis that the transfer operated as security for a loan. The central legal issue was whether the District Court’s omission or incorrect citation of the relevant provision of the Trusts Ordinance, subsequently raised in the High Court, invalidated the original judgment or prejudiced the parties’ rights. It was held that a mere failure to identify the correct statutory provision does not nullify a judgment if no substantial prejudice was caused to the parties, reaffirming the principle that procedural errors not res

REF: SC APPEAL 180/2011-2022 Category: Tag:
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