Dissanayakage Malini v. Mohamed Sabur – sllr 1999 volume 2 page 004

In the case between Dissanayakage Malini (Plaintiff) and Mohamed Sabur (Defendant), the court addressed whether an informal agreement (P2) to retransfer land, entered alongside a formal deed (P1) and executed as evidence of fraud, could be considered despite being a non-notarial document under Section 2 of the Prevention of Frauds Ordinance. The core issue was whether fraud had been committed by the defendants in the execution and performance of the land transfer, which would entitle the plaintiff to a retransfer. It was held that, although the informal writing (P2) did not conform to the notarial requirements, where compelling evidence of fraud exists, strict compliance with the statute need not be insisted upon. The appeal was dismissed, reinforcing the principle that the Statute of Frau