Balangoda Plantations PLC vs Land Reform Commission and others – SC Appeal No. 157/2018-2025

In the matter of Balangoda Plantations PLC and the Land Reform Commission, the court addressed the issue of whether the High Court erred in law by setting aside a default order and allowing the 1st defendant to proceed with its defense. It was held that the High Court had committed a substantial error of law, and the appeal was allowed, affirming the District Judge’s order. This decision reaffirmed the principle that an ex parte order will not be vacated without a valid excuse for default, emphasizing that the explanation provided constituted an abuse of process and negligence rather than a bona fide mistake. This ruling relied on the precedent set in David Appuhamy vs Yassassi Thero (1987) 1 SLR 253, highlighting that Section 86(2) of the Civil Procedure Code should not be applied too lib

REF: SC Appeal No. 157/2018-2025 Category: Tag:
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