Ranasinghe Arachchilage Wilson and others vs Welupillei Wasantha Kumar and others – SC / APPEAL / 102 / 2021-2025

In the matter between tenants (Appellants) and the Vavuniya Urban Council and YMBA (Respondents), the court addressed whether non-parties adversely affected by a judicial order are entitled to notice and a hearing, and the scope of a Magistrate’s power under Section 28 (A) (1) of the UDA Law. The case involved tenants ordered to be evicted without prior notice or hearing, despite not being parties to the original proceedings. The Supreme Court held that the Magistrate and lower courts erred in denying the Appellants their right to natural justice, rendering the eviction orders null and void. This decision reaffirmed the principle that rules of natural justice require affording a hearing to all parties against whom adverse orders are to be made, irrespective of statutory silence.

A.H.M.D

REF: SC / APPEAL / 102 / 2021-2025 Category: Tag:
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