Chula Subadra Dissanayake Mahawela vs R.M.Seelawathie Menike Piyasena – CA Appeal 543/95(F) -2011

In the case between Chula Subadra Dissanayake Mahawela (Petitioner-Appellant) and R.M. Seelwathie Menike Piyasena (Intervenient Petitioner-Respondent), the court addressed the issue of the validity and due proof of the Last Will of Edmund Piyasena. It was held that the statutory requirements for the execution and proof of a Will under Section 4 of the Prevention of Frauds Ordinance had been satisfied. The principle reaffirmed was that technical or credibility concerns not grounded in statutory requirements or precedent cannot override positively established compliance with formalities required by law. The decision relied on statutory criteria, established case law, and a review of the sufficiency of attesting witness evidence, emphasizing the irrelevance of unrelated past disciplinary matt

REF: CA Appeal 543/95(F) -2011 Category: Tag:
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