Jayawardena and Five Others v. Dehiattakandiya Multi Purpose Co-operative Society Ltd. and Fifty Others – sllr 1995 volume 2 page 276

Brief
In Jayawardena and Five Others (Petitioners) v. Dehiattakandiya Multi Purpose Co-operative Society Ltd. and Fifty Others (Respondents), the court addressed whether a second application for a writ of Certiorari could be entertained after a previous application on the same grounds was withdrawn by the 1st Petitioner without reserving the right to reapply. It was held that withdrawal of the prior application without reservation barred the 1st Petitioner from instituting another application on the same facts, reaffirming the principle of finality in litigation akin to the doctrine of res judicata. The ruling interpreted Rule 47 of the Supreme Court Rules and Rule 3(2) of the Court of Appeal Rules, emphasizing that a petitioner must aver that the court’s jurisdiction is being invoked for

REF: sllr 1995 volume 2 page 276 Category: Tag:
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