Land Reform Commission vs Kandy Plantations Limited – SC/HCCA/LA/35/2020-2024

In the case between the Land Reform Commission and Kandy Plantations Limited (along with other related parties), the court addressed the issue of the validity of an affidavit submitted with a leave to appeal application, specifically whether attestation by a Commissioner for Oaths who is an employee of the applicant renders the affidavit invalid under Section 12(2) of the Oaths and Affirmations Ordinance. It was determined that such attestation establishes a conflict of interest and is disqualified by the statutory provision and judicial precedent, which prohibit an interested Commissioner for Oaths from attesting affidavits on behalf of parties with whom an employment relationship exists. Upon review, the affidavit was deemed “bad in law,” and the leave to appeal application was dismissed