DOMINIC VS. MINISTER OF LANDS AND OTHERS

DOMINIC VS. MINISTER OF LANDS AND OTHERS

COURT OF APPEAL
SRI SKANDARAJAH, J.
CA 918/2005
OCTOBER 17,2007

Writ of Certiorari - Who are necessary parties? Failure - Is it fatal? At what point of time could an application to add a party be made? Proper party - Necessary Party - Difference?

Held

(1) Where an order would affect adversely a party who is not before Court, that party must be deemed to be a necessary party and consequently the failure to make the necessary party a respondent must be regarded fatal to the application.

(2) 4 necessary party is one without whom no order can be effectively made. A proper party is one in whose absence an effective order can be made but whose presence is necessary to a complete and final decision on the question involved in the proceedings.

(3) An application for addition will be allowed only if the application is not yet ready for disposal by Court.

APPLICATION for a writ of certiorari - on a preliminary objection raised.

Cases referred to:

(1) Perera us. National Housing Authority - 2001 - 3 Sri LR 50

(2) Abayadura and 162 others us. Dr. Stanley Wijesundara - Vice Chancellor, Univers

Click Here to Read the rest of this document