TUDOR PEERIS
V.
LAND REFORM COMMISSION AND OTHERS

COURT OF APPEAL
RANJITH SILVA, J.
SALAM,J.
CA 621/06
JULY 3,2008
OCTOBER 19, 24, 2008

Land Development Ordinance (LDO) - Section 109 - Permit holder- Land Reform Law 1 of 1972 - Section 3 (1) b - Section 19 Statutory Determination -

LDO Permit cancelled - in view of statutory declaration - Exercise of power - Nullity - Delay - fatal? - Constitution act 140- Finality Clause implications? - Determination vs. purported determination.

The petitioner, by virtue of permits issued by the Government Agent, in terms of the L D.O., became entitled to the possession of two parcels of land in extent A22 R2 P10 and 25A. 0R., 0P. The petitioner after the Land Reform Law came into force made a statutory declaration in respect of the two lands. The LRC thereafter made a statutory determination in terms of Section19 in favour of the petitioner. The two permits issued to the petitioner were cancelled as the petitioner did not present himself for an inquiry. The petitioner contended that the permits were not liable to be cancelled in view of the statutory declaration made in his favour and that according to the sch