Abdul Gaffoor Fathima Zuhara vs Singer Company Limited – CA 32/1998 (F)-2012

The case addressed whether a debt owed to Singer Company Limited by its deceased dealer, A.M.M. Hiyas, could lawfully be recovered from his heirs, who executed a mortgage bond (P1) in favor of the company. It was held that the heirs were legally obligated to repay the debt pursuant to their execution of the mortgage bond, reaffirming the principle that under Sri Lankan law, a lawful and deliberate undertaking supported by “justa causa” (lawful and sufficient cause), rather than strict English law “consideration,” is adequate for enforceability. The decision relied on the application of Roman-Dutch law, relevant Ordinances, and judicial precedent in Sri Lanka, confirming that Sri Lankan courts may enforce contracts particularly where there is clear evidence of voluntary assumption of liabil