Rengasamy Selvarajah v Commission to Investigate Allegations of Bribery or Corruption – CA HCC/0397/2019-2022

In the case between Rengasamy Selvarajah (the appellant) and the Hon. Attorney General, with the proper respondent identified as the Director General of the Bribery Commission, the court addressed the issue of whether an appeal is maintainable when a technical defect exists in the naming of necessary parties under the Supreme Court Rules. It was determined that such a defect is procedural and curable, and that dismissal of the appeal on this basis would undermine the Constitutionally protected right to appeal. The holding reaffirmed the principle that rectifiable procedural defects should not defeat substantive rights of appeal, with reliance placed on Supreme Court Rules (Rules 4, 28(1), and 28(5)) and precedent, such as Kesara Senanayake Vs. The Attorney General. The judgment emphasized

REF: CA HCC/0397/2019-2022 Category: Tag:
Scroll to Top