SEGU MOHAMADU v. KADIRAVAIL CANGANY
[FULL BENCH.]
Present: The Hon. Sir Joseph T. Hutchinson, Chief Justice,
Mr. Justice Wood Renton, and Mr. Justice Grenier.
SEGU MOHAMADU v. KADIRAVAIL CANGANY.
D. C. Badulla, 2,145.
Oaths Ordinance (No. 9 of 1895),
s. 9 (2)-Record of evidence by person appointed to administer oath-Report that
oath had been administered according to order-Prima facie
evidence-Sufficiency-Objection.
The defendant in an action consented to judgment being
entered against him, if the plaintiff and certain of his (plaintiff's) witnesses
would swear in the mosque to the truth of certain statements. The District Judge
recorded the statement, and it was signed by both parties. The Interpreter of
the Court was appointed to administer the oath, and he reported that " this day
at 3 P.M., in terms of the order in the above case, I administered oath to the
parties concerned in the presence of one another and in the presence of the
officiating priest." On the day appointed for the parties to appear the
defendant did not take any objection to the report as being insufficient, and
judgment was entered for plaintiff.
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