Brunswick Exports Ltd. v. Hatton National Bank Ltd. – sllr 1999 volume 1 page 219

In the case between Brunswick Exports Ltd. and Hatton National Bank Ltd., the court addressed the issue of the appropriate jurisdiction for actions arising from mortgage bonds in commercial transactions, specifically under the High Court of the Provinces (Special Provisions) Act No. 10 of 1996. It was held that actions concerning commercial loans secured by mortgages fall within the jurisdiction of the Commercial High Court as set out under item (1) of the first schedule of the Act. The decision reaffirmed the principle that jurisdiction may be statutorily assigned based on the nature of the transaction even where substantive and procedural law remains otherwise unchanged. This determination was informed by statutory interpretation, examination of the Debt Recovery (Special Provisions) Act

REF: sllr 1999 volume 1 page 219 Category: Tag:
Scroll to Top