Gangabada Arachchige Prince Gamini Perera vs Madavita Vidanamudalige Don Joseph – SC APPEAL 04/2012-2016

In the case between Gangabada Arachchige Prince Gamini Perera (Plaintiff) and Madavita Vidanamudalige Don Joseph (Defendant), the Supreme Court addressed whether the High Court of Civil Appeal erred by not recognizing document ‘VI’ as inadmissible under the Prevention of Frauds Ordinance and/or Notaries Ordinance, whether the doctrine of laesio enormis was misapplied, and whether fraud or undervaluation in property sale was established. It was held that document VI, not executed before a notary as required by statute, had no legal force in property transactions unless fraud is properly pleaded and proven, which was not the case here. The doctrine of laesio enormis was determined to be inapplicable since the Plaintiff was aware of the true property value at the time of transfer and willingl

REF: SC APPEAL 04/2012-2016 Category: Tag:
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