Mathar Slibo vs Crowther – clr volume 3 page 031

In Mathar Slibo v. Crowther, the court addressed the issue of procedural requirements for leave to appear and defend in summary proceedings under Chapter liii of the Civil Procedure Code, focusing on the sufficiency of the service of summons and the curability of irregular service by appearance. It was held that a strict construction of the Ordinance is necessary and that defects in service must be remedied by an appropriate appearance by the defendant; mere procedural unauthorized appearances do not suffice. This principle was reaffirmed with reliance on the precedent of the Galle case (No. 1,545, 3 C.L.R. 11), underscoring the obligation to adhere strictly to statutory procedural mandates to prevent undue delay and ambiguity in the recovery of claims.

Lawrie A. C. J. — Adherence to t