Abeykoon and Another v. National Savings Bank – sllr 1999 volume 3 page 144

In the case between Abeykoon and Another and the National Savings Bank, the issue concerned whether a certificate of sale issued under Section 55 of the National Savings Bank Act assigns valid title to the purchaser despite non-compliance with notarial requirements under Section 2 of the Prevention of Frauds Ordinance. The court held that a certificate of sale made pursuant to Section 55 operates to confer title by operation of law and prevails over general requirements imposed by the Prevention of Frauds Ordinance. This reasoning was rooted in the principle that special statutory provisions override general law (generalia specialibus non derogant) and supported by case law such as Haramanis Perera v. Johana Perera and related authorities. The case also addressed procedural error, finding

REF: sllr 1999 volume 3 page 144 Category: Tag:
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