Brown and Co. Ltd. and Others v. Ratnayake and Others – sllr 1990 volume 1 page 092

In the case between Brown and Co. Ltd. and Others (plaintiffs) and Ratnayake and Others (defendants), the court addressed the issue of whether an application for a writ of Certiorari to quash an arbitrator’s award complied with Rule 46 of the Supreme Court Rules 1978. It was held that Rule 46 is mandatory with respect to writ applications filed under Articles 140 and 141 when a certified copy of the relevant proceedings must be submitted. The findings established that reliance solely on exhibits without furnishing the full certified proceedings constitutes non-compliance, which is fatal to such applications. The decision relied on established case law affirming the mandatory nature of Rule 46, emphasizing that procedural non-compliance cannot be remedied by piecemeal documentation. This ru