Senkadagala Finance Co. Ltd. Vs. W.R.A.M.D.R. Karunasena – CA 473/96 F -2018

In the case between W.R.A.M.D.R. Karunasena (Plaintiff-Respondent) and Senkadagala Finance Co. Ltd. (Defendant-Appellant), the court addressed whether the Defendant unlawfully seized a vehicle from the Plaintiff in contravention of the Hire Purchase Agreement and the Consumer Credit Act No. 29 of 1982. It was held that the Defendant did not comply with the statutory and contractual requirements for lawful termination and repossession, notably by failing to provide valid notice as mandated under the agreement and statute. The principle reaffirmed is that both the procedural and substantive requirements under hire-purchase law must be strictly adhered to before repossession of goods is undertaken. Reliance was placed on the Consumer Credit Act and specific contractual clauses, underscoring t