Ameresekere vs Kirimenika – clr volume 3 page 030

In the case between Amere Sekere (plaintiff) and Kirimenika (defendant), the court addressed whether a fiscal’s sale could be set aside under section 282 of the Civil Procedure Code due to alleged material irregularities in the publication or conduct of the sale. It was held that the presence of a material irregularity alone is insufficient; it must also be clearly established that the irregularity directly caused a substantial injury to the applicant. The decision reaffirmed the principle that both a procedural defect and demonstrable prejudice are necessary for setting aside an execution sale. Reliance was placed on the statutory requirements of section 282, emphasizing that undermarket sale price by itself does not justify setting aside the sale without a proven causal link to the irreg