Negombo Business Man Association and others v. Municipal Council of Negombo and others – CA 383/2017-2017

In the case between H.D.P. Antony, Mohan De Silva, and others (Petitioners) and the Municipal Council of Negombo, K.S.C. Sugath Kumara, and others (Respondents), the court addressed the issue of granting ex parte interim relief to restrain the leasing out of rights for street trading in Negombo during December 2017. It was determined that the petitioners had not justified dispensing with notice to the Respondents, as all parties were based in Negombo and no sufficient urgency was established. The principle reaffirmed was that ex parte interim relief under Rule 2(1)(a) of the Court of Appeal (Appellate Procedure) Rules-1990 requires strict compliance with procedural burdens, particularly on urgency and the need to dispense with notice. Reliance was placed on the statutory requirements, emph