Fowzie And Others v. Vehicles Lanka (Pvt) Ltd – sllr 2008 volume 1 page 023

In Fowzie and Others (petitioners) v. Vehicles Lanka (Pvt) Ltd. (respondent), the Supreme Court examined whether strict compliance with Supreme Court Rules 1990—specifically Rule 8(3) requiring tendering of notices upon filing, and Rule 40 relating to applications for extensions—was required for an application for Special Leave to Appeal. The sequence of events involved the petitioners failing to submit the mandatory notices at filing and omitting to seek a procedural extension thereafter. Upon preliminary objection by the respondent, the court analyzed the statutory requirements, the purpose of the rules, and pertinent precedents, determining that “substantial compliance” did not suffice for Rule 8(3), which is mandatory. The application for Special Leave to Appeal was dismissed. The hold

REF: sllr 2008 volume 1 page 023 Category: Tag:
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