SL Advocacy

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Showing posts from June, 2019

litis contestatio in an action for malicious prosecution.

"This order pertains to the issue as to whether the cause of action for malicious prosecution, following the death of the Plaintiff abates or whether it is permissible for the Plaintiff’s heirs to be substituted in his room and place." W. L. M. N. De Alwis (Deceased) v Malwatte Valley Plantations Limited & another SC/HCCA/LA No. 47/16

Conditional order made by the Administrative Appeals Tribunal

Administrative Law - Administrative Appeals Tribunal - conditional order made by the Tribunal - does the writ lie to quash that order?

When there is a irregularity in the process to grant the certificate, it can be question by way of a writ.

Registration of Title Act - title registration certificate - questioning it - when there is a irregularity in the process to grant the certificate it can be question by way of a writ.

"An error of law on the face of the record"

Administrative Law - an error of law on the face of the record - revision - exceptional circumstances

it is clear that when the right of appeal is conferred on the Supreme Court, the powers of revision could not be vested within an inferior Court.

Law of Revision - jurisdiction of the Court of Appeal - Art:138 of the Constitution - revision against an order made by a trial at Bar - Judicature (Amendment) Act No. 9 of 2018 - it is clear that when the right of appeal is conferred on the Supreme Court, the powers of revision could not be vested within an inferior Court. Nandasena Gotabhaya Rajapakse v. Hon Attorney General and others C.A.(PHC)APN No. 25/2019