Chamila Dilanthi Ranasinghe v. The People’s Bank and Others – CA WRIT 345/14-2014

In the case between Chamila Dilanthi Ranasinghe (Petitioner) and The People’s Bank and others (Respondents), the court addressed the issue of whether the Court of Appeal, exercising writ jurisdiction under Article 140 of the Constitution, possesses authority to invalidate or declare null and void a mortgage bond allegedly executed without the petitioner’s authorization. It was held that such relief lies within the exclusive jurisdiction of the civil courts, not the writ jurisdiction of the Court of Appeal. The decision reaffirmed the principle that the remedy for nullification of a mortgage bond must be pursued in a civil action, and not through writ proceedings, as established in Ranasinghe v De Silva 78 N.L.R. 500. The judgment further relied on the doctrine of laches, considering the pe

REF: CA WRIT 345/14-2014 Category: Tag:
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