Cooray v. Illukumbura – sllr 1996 volume 2 page 263

In the case between Cooray (Plaintiff/Appellant) and Illukumbura (Defendant/Respondent), the issue concerned the correctness of the Court of Appeal’s decision to stay the execution of a writ pending appeal under section 23 of the Judicature Act and section 763(2) of the Civil Procedure Code. It was held that a court possesses independent authority under both statutory provisions to grant a stay of execution if substantial loss may result or if judicial discretion supports such a measure. The principle reaffirmed is that, in applications involving the ejectment of business premises, the balance of convenience and the potential hardship to a wide array of affected parties—including tenants, employees, family members, and other residents—must be carefully weighed prior to executing a writ. Re