Central Finance Company PLC vs. Chandrasekera and Another – sllr 2020 volume 1 page 161

In Central Finance Company PLC v. Chandrasekera and Another, the court addressed whether the procedural irregularity of key affidavit evidence being filed under an incorrect case number precluded its consideration and ultimately resulted in a miscarriage of justice. It was held that the trial court’s reliance on an incomplete record, due to failure to call for the missing evidence, invalidated the dismissal of the plaintiff’s action. This holding reaffirmed the principle that a party should not be prejudiced by the court’s own error, applying the maxim “actus curia neminem gravabit.” Reference was made to sections 114, 154, and 165 of the Civil Procedure Code and the Judicature Act, underscoring the judiciary’s responsibility to ensure the proper production and consideration of evidence. T