Saldurage vs. State of Sri Lanka – SC APPEAL NO. 71 A/2010-2020

The case between Mahawattage Wijayapala and Suduwelikondage Percy Mahinda Weliwatta (among others) addressed the issue of whether the Plaintiff Petitioner’s affidavit fulfilled the requirements of Section 12(3) of the Oaths and Affirmation Ordinance, particularly concerning the omission of a clearly indicated place of attestation in the jurat. The findings established that the absence of this mandatory detail rendered the affidavit non-compliant and consequently invalid. Based on the statutory requirements and a strict approach to affidavit formalities, the appeal was dismissed, and it was emphasized that compliance with procedural mandates under Section 12(3) is essential for affidavits to be considered valid in court proceedings.

Upaly Abeyrathne J. — agreed with Sisira J de Abrew J.