Jathika Sevaka Sangamaya v. Sri Lanka Ports Authority and Another – sllr 2003 volume 3 page 146

In the case between Jathika Sevaka Sangamaya (Party A) and Sri Lanka Ports Authority and Another (Party B), the court addressed the issue of whether preliminary objections—such as suppression, misrepresentation, inordinate delay, lack of locus standi, and non-involvement of a concerned party—could preclude the petitioner’s application for a writ of certiorari. It was held that preliminary objections raised by the respondents were not sustainable and should not serve to bar legitimate adjudication of the substantive matter. The principle reaffirmed was that preliminary objections are appropriate for expeditious disposal of manifestly clear issues, but cannot substitute for a fair examination where the facts or law are genuinely in contest. Reference was made to established legal authorities

REF: sllr 2003 volume 3 page 146 Category: Tag:
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