Muhandiramge Dona Rohini Jayawardana vs Greenways Residencies (Pvt) Ltd – SC HC LA NO 89/2022-2024

In Muhandiramge Dona Rohini Jayawardana v. Greenways Residencies (Pvt) Ltd and others, the court addressed whether the Commercial High Court judge erred by pronouncing on the substantive application when parties had confined their arguments to the question of interim relief. It was held that the learned High Court judge exceeded the proper scope of the hearing and violated principles of natural justice by issuing a decision on the substantive matter not contemplated at that stage. The principle reaffirmed is that when parties expressly limit submissions to interim relief, judicial orders must be appropriately confined. Relying on established procedural fairness and natural justice, the Commercial High Court’s order dated 02.09.2022 was set aside, and the matter was remitted for re-hearing

REF: SC HC LA NO 89/2022-2024 Category: Tag:
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