Jayasundera v. Tilakeratne And Another – sllr 2006 volume 1 page 309

In Jayasundera v. Tilakeratne and Another, the court addressed the sufficiency of affidavits supporting petitions for leave to appeal under section 757(1) of the Civil Procedure Code. It was determined that an affidavit must be made by a person with personal knowledge of the facts, and an affidavit deposed by an instructing attorney-at-law based on instructions, rather than firsthand knowledge, does not satisfy this legal requirement. Reliance was placed on precedents including Kumarasinghe v. Ratnakumara, Chandrasiri v. Abeywickrema, and Hakeem Mohideen v. Mohamadu Caseen, which emphasize the inadmissibility of hearsay in affidavit evidence. Leave to appeal was refused, and costs imposed, reaffirming the necessity for strict compliance with evidentiary standards in appellate procedure.

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