T.I.G. Suriyaarachchi et al. vs L.C. Liyanage alias Gunawardena et al. – SC APPEAL 39/2021-2021

In the case between T.I.G. Suriyaarachchi (with D.N. Suriyaarachchi and P.N. Suriyaarachchi) and L.C. Liyanage alias Gunawardena and People’s Bank, the court addressed the issue of the plaintiffs’ entitlement to claim title to disputed land and the procedural propriety of the District Court’s handling of preliminary legal questions, notably regarding the application of statutory provisions. It was determined that a preliminary issue (Issue No. 14), which depended upon a disputed fact (Issue No. 11), could not be properly decided as a pure question of law while the factual basis remained unresolved. The findings established that the Court of Appeal had erred by ruling on the preliminary issue without addressing the factual dispute over land acquisition. The Supreme Court set aside the Court

REF: SC APPEAL 39/2021-2021 Category: Tag:
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