Anusha Elfi Gunasekara nee Corea vs. Eddie Wijesuriya et al. – CA RII/11/2023-2023

In the case between Anusha Elfi Gunasekara nee Corea (Plaintiff) and Eddie Wijesuriya, Razik Zarook, Hiran Soysa, and other trustees/members of the Circolo Amichevole Per Residenti Italini (Capri Club) (Defendants), the court addressed whether an application for restitutio in integrum, specifically concerning the extension of interim orders in the context of a rent and ejectment action, should be granted. The decision determined that the interim orders would not be extended, reaffirming the principle that the threshold for granting interim injunctions depends on both the establishment of a prima facie case and the balance of convenience, varying by the factual circumstances and nature of the dispute. Reliance was placed on Article 138 of the Constitution, the Judicature Act, and case prece

REF: CA RII/11/2023-2023 Category: Tag:
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