PEOPLE'S BANK

Vs.

GUNASEKERA AND ANOTHER

SUPREME COURT
ALUWIHARE, J.
JAYAWARDENA, J.
SURASENA, J.
SC/CHC/APPEAL/43/2012
HC COLOMBO (CIVIL) 276/2007/MR
MARCH 26, 2019

Evidence Ordinance, sections 61, 62, 63, 64, 65, 90A, 90C, 90D and 130(3)- Chapter VI on Banker's books-Primary evidence-Secondary evidence-Certified copies

The plaintiff bank instituted action against the defendants to recover a sum of money under a guarantee bond that had been executed by the defendants in favour of the plaintiff bank for money due to the plaintiff from a different company. The Commercial High Court held in favour of the plaintiff bank. On appeal, the 2nd defendant-appellant, relying on Agostinu v. Kumaraswamy 59 NLR 132, argued that interalia the Commercial High Court erred when it accepted the statement of accounts certified by the chief manager of the special assets unit of the plaintiff bank to prove that the money was due to the plaintiff from the said company.

Held:

1. Analysis of the Evidence Ordinance reveals that the evidentiary provisions in Chapter VI on "banker's books" are standalone provisions which operate independently of the general provisions contain