L.H.G. Elias vs Muhajid A. Cader and Anton Gajasinghe – SC APPEAL 50/08-2011

In the case between L.H.G. Elias (Plaintiff-Respondent-Appellant) and Muhajid A. Cader, Anton Gajasinghe (Defendants), the court addressed whether the powers of attorney granted to B.V.A. Dekker, residing in Australia, authorized the institution of proceedings against both defendants or only the first defendant. It was held that the combined effect of both the original and subsequent powers of attorney provided sufficient authority to the attorney to institute legal action against both defendants. The decision reaffirmed the principle that litigation should focus on substantive rights rather than technical objections, relying on the construction of the power of attorney documents and established precedents. The outcome clarified the necessity of giving precedence to the merits over procedu