Mohinudeen and Another v. Lanka Bankuwa, York Street, Colombo 01 – sllr 2001 volume 1 page 290

In the case between Bank of Ceylon (plaintiff, acting under the Sinhala name “Lanka Bankuwa”) and Mohinudeen and others (defendants, including directors of Mohinudeen Ltd.), the court addressed the issues of locus standi regarding the use of the bank’s Sinhala appellation and the requirement for an explicit written demand under a guarantee bond. It was determined that the use of “Lanka Bankuwa” did not mislead and that locus standi was properly established. Furthermore, it was found that whether a written demand was required constituted a mixed question of fact and law, to be resolved upon presentation of evidence. The appeal was dismissed with costs, reaffirming that preliminary legal issues must be separated from matters requiring factual determination, as provided by Section 147 of the