Shelton Perera v. Lakshman – sllr 2003 volume 2 page 216

The case between Shelton Perera (plaintiff) and Lakshman (defendant) addressed whether execution of a decree should be stayed pending appeal, specifically considering if a substantial question of law or proof of substantial loss justified relief. It was held that while the presence of a substantial legal question may support the exercise of discretion to grant a stay, such a question must raise doubts about the justice of the decision and substantial loss must be clearly demonstrated. The guiding principle reaffirmed is that judicial discretion to stay execution under section 23 of the Judicature Act must be exercised based on tangible prejudice, not merely the existence of an arguable legal issue. Reliance was placed on both statutory requirements and established precedent, emphasizing th