Navaratne vs. Kamalawathie – sllr 2021 volume 1 page 404

In the case between Navaratne (Plaintiff) and Kamalawathie (Defendant), the court addressed whether a certificate issued under section 32(2) of the Debt Conciliation Ordinance—expressing the board’s opinion that a fair settlement had been offered and refused—could alone constitute a cause of action entitling a plaintiff to relief, such as reconveyance of property or eviction. It was held that such a certificate, representing only the board’s opinion, does not establish a sufficient legal basis to warrant court-ordered remedies. The principle reaffirmed is that the statutory mechanism for expressing opinion under section 32(2) does not convert a conditional transfer into an enforceable right, nor does it grant relief absent further substantive legal grounds. The court relied on interpretati

REF: sllr 2021 volume 1 page 404 Category: Tag:
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