Kospelawattage Jayasena vs Kospelawattage Charlet Willoraarachchi – CA RI/04/2022-2022

In the case between Hingurage Don Jayantha Gunawardane, Hingurage Nayani Lasanthika Gunawardane, and others (Plaintiffs, including substituted Plaintiffs) and Manathunga Janaka Chaminda Silva, Pallekankanamge Don Inoka Chandima Wijegunawardane, PalleKankanamge Don Palitha Wijegunawardane, and others (Defendants, including Defendant-Petitioners), the court addressed the entitlement of the Defendant-Petitioners to relief by way of restitutio in integrum under Article 138 of the Constitution. It was determined that restitutionary relief was exceptional and only available where substantive grounds such as fraud, false evidence, non-disclosure, or mistake were established and where there was no other adequate remedy. The holding affirmed that the Defendant-Petitioners failed to establish any su

REF: CA RI/04/2022-2022 Category: Tag:
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