De Silva and Others v. L. B. Finance Ltd. – sllr 1993 volume 1 page 371

In the case between De Silva and Others and L B. Finance Ltd., the court addressed the issue of the validity of an affidavit within a hire purchase agreement dispute, specifically whether the omission of the exact phrase “affirmed thereto” in the jurat and the use of “affirmant” rendered the affidavit non-compliant with Section 438 of the Civil Procedure Code. It was held that substantial compliance with Section 438 was achieved as the affidavit was signed before a Justice of the Peace, and read over and explained to the deponents. The ruling reaffirmed the principle that mere technical defects in the jurat’s wording do not vitiate an affidavit’s validity, provided the essential requirements are met. Reliance was placed on statutory interpretation, consideration of precedent, and dictionar