M.Y.A Roomi vs Pepoles Bank – CA NO: 445/99-2012

In the case between People’s Bank (Plaintiff-Respondent) and M.Y.A Roomi (Defendant-Appellant), the court addressed the issue of whether an appeal is maintainable against an order refusing leave to defend in actions instituted under the Recovery of Loans (Special Provisions) Act No. 2 of 1990, as amended by Act No. 9 of 1994. It was held that such an appeal is not maintainable in law once a decree nisi is made absolute, reaffirming the principle that statutory provisions restrict appellate review in recovery of loans proceedings following the finalization of a decree. The decision relied on the precedent in Banda vs. People’s Bank (2002 (3) SLR 25) and the statutory framework, emphasizing that the legislative intent was to streamline loan recovery by limiting further appeals and expediting

REF: CA NO: 445/99-2012 Category: Tag:
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