Gihan Niroshan Jayawardena v. Commercial Bank of Ceylon PLC et al. – CA 358/2017-2017

In the case between Gihan Niroshan Jayawardena (Petitioner) and Commercial Bank of Ceylon PLC and L.B. Senanayake, Licensed Auctioneer (Respondents), the court addressed the issue of whether the Petitioner was entitled to a writ of certiorari quashing the notice of sale, the board resolution, and the letter of demand issued in connection with the public auction of mortgaged properties. It was held that the availability of an adequate and alternative remedy before the Commercial High Court justified the refusal of writ jurisdiction by the Court of Appeal. The principle reaffirmed is that writ jurisdiction will not be exercised where statutory or alternative remedies are available and adequate. Reliance was placed on established legal precedents, highlighting the necessity that extraordinary

REF: CA 358/2017-2017 Category: Tag:
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