Akmon Wimalasiri Devasurendra vs Thamara Kumari Wijesundera – CA 212/97-2011

In the case between Akmon Wimalasiri Devasurendra (Plaintiff-Appellant) and Thamara Kumari Wijesundera and another (Defendant-Respondents), the court addressed whether a contract for the sale of immovable property that stipulates only damages as a remedy precludes the granting of specific performance, and whether the district judge was justified in dismissing the plaintiff’s action by determining a preliminary legal issue prior to trial. It was held that a contract limiting the remedy to damages excludes relief by way of specific performance. The decision reaffirmed the principle that under Roman-Dutch law, and in accordance with authorities such as Thaheer v. Abdeen and Kanagamma v. Kumarakulasingham, the specific terms of an agreement regarding remedies are determinative of the scope of