Upeksha Anuradha Dassanayaka vs Anushka Maduranga Vithanagamage – SC APPEAL 121/2022-2023

In the case between Upeksha Anuradha Dassanayaka (Plaintiff) and Anushka Maduranga Vithanagamage and Ayesh Niroshan Benedict de Saram (Defendants), the court addressed the issue of whether the Plaintiff was entitled to institute the action under a Power of Attorney issued by her mother. The court held that matters regarding the locus standi of the Power of Attorney, including its specific purposes, had been raised prematurely, and such issues should be determined during the trial phase once proceedings are fully developed. The existing injunction granted by the District Court was upheld, and the decision of the Provincial High Court of Civil Appeals was not interfered with. The appeal was dismissed without costs. The court reaffirmed the principle that preliminary challenges related to sta

REF: SC APPEAL 121/2022-2023 Category: Tag:
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