SRI CO - OPERATIVE INDUSTRIES FEDERATION LTD

V. KOTALAWALA

SUPREME COURT
TILAKAWARDANE. J.
AMARATUNGA. J
MARSOOF. PC. J.
SC 2/2005
CA 1173/2002
DC COLOMBO 24742/MR
OCTOBER 23, 2008

Burden of proof- Hearsay evidence- Findings of fact by trial Court Overruling decision of trial Court on a question of fact-Should not be lightly interfered with? Right of a party to challenge a finding if no appeal is taken- Res Judicata

The appellant called for tenders for the installation of the electrical system for its factory. The plaintiff-respondent's tender was accepted as it was the lowest. The appellant withheld a certain sum claimed on the basis that the transformer was supplied and installed by a third party company and that the respondent had no part to play in the installation of the transformer. The respondent instituted action claiming a certain sum with interest from the date on which the work was completed to the date of filing action. The District Court held that the transformer was supplied and affixed to the ground by the third party company, but the installation was by the respondent, and awarded part of the sum claimed. The Court of Appeal affirmed the dec