Billimoria v. Minister of Lands and Land Development & Mahaweli Development and Others – 1978_79_80 volume 1 page 010

In the case between Billimoria (tenant) and the Minister of Lands and Land Development, Mahaweli Development, and others, the court addressed the issues of whether an interim stay order issued by the Court of Appeal was invalid due to being made per incuriam and the applicability of section 24 of the Interpretation Ordinance to such interim orders. The court held that an interim order, even if arguably misapplied under section 24, does not amount to per incuriam provided that it was made with full consideration of the relevant facts and context. The significance of Article 125 of the Constitution was limited to genuine disputes on constitutional interpretation central to the parties’ controversy. The decision reaffirmed that interim stay orders serve as temporary measures to prevent injust