Appavupillai vs Ferdinand – clr volume 1 page 069

In the case between the creditor (Plaintiff) and the head clerk of the Anuradhapura Kachcheri (Defendant), the court addressed whether a debtor’s acknowledgment—limited to an admission of liability without an unconditional or fulfilled conditional promise to pay—was sufficient to interrupt prescription under Ordinance No. 22 of 1871. The court held that mere acknowledgment or guarded admissions of indebtedness do not satisfy the statutory requirement for defeating prescription, reaffirming the principle that an unconditional promise or an admission coupled with a fulfilled condition is required for such acknowledgment to be effective. Reliance was placed on interpretation of the 1871 Ordinance and related precedents, with emphasis placed on adherence to statutory and procedural requirement

REF: clr volume 1 page 069 Category: Tag:
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