Mahesh Abeywicrama v. Hatton National Bank P.L.C. – CA 176/2017-2017
The case between Mahesh Abeywicrama (plaintiff) and Hatton National Bank P.L.C. (defendant) addressed whether the Court of Appeal should grant writs of certiorari and mandamus to quash a bank resolution to sell mortgaged property via parate execution, where a parallel case regarding the same mortgage bond was already pending before the Commercial High Court. It was held that the application for writs could not succeed as the petitioner failed to include a prayer for interim relief, and an adequate alternative legal remedy was available and being pursued in the High Court. This reaffirmed the principle that extraordinary relief by way of prerogative writs is not available when an effective remedy exists elsewhere. Reliance was placed on the doctrine governing alternative remedies and the li

