Goonetilleke vs Philip – clr volume 1 page 021_2

In Goonetilleke v. Philip, the court addressed whether liability under Ordinance No. 15 of 1862 attaches to the actual owner of a property or may be extended to an agent or representative acting on behalf of the owner. It was held that the statutory provisions are aimed solely at the owner, and an agent or representative cannot be held liable under section 1, subsection 5, of the Ordinance. The decision reaffirms the principle that penal obligations imposed by such statutes must be strictly construed and can only attach to those clearly identified by the legislative language. The ruling relied on the explicit wording of the statute to emphasize that agents collecting rents or managing property are not liable for statutory breaches attributed to the owner.

Burnside C. J. — Upon examinatio