News
Colombo DJ issues Interim injunction against Nawaloka Constructions Ltd
View(s):Former President of the Court of Appeal Justice Upali de Z. Goonawardene and Mrs. de Z. Goonawardene, former Professor of Microbiology of the University of Kelaniya, together with their son, obtained an Interim Injunction from Colombo District Judge Amali Ranaweera, against a construction company which has allegedly caused damages to their house in Colombo’s Narahenpita area.
The complaint was that, work on a three-storeyed house by Nawaloka Constructions Ltd., had caused extensive damage to their house, in which the Goonewardene family have built and stayed for over 15 years, without any hindrance.
The Application made by Mr. Romesh de Silva P.C. was refused by the District Judge.
Mr. Upul Jayasuriya P.C. with Mr. Sandamal Rajapaksha and Mr. Sampath Wijewardena appeared for the Goonewardene family, having obtained an Enjoining Order originally against the Defendants, by preventing them from continuing with the construction of the house.
Mr de Silva objected to the grant of the Interim Injunction, alleging, the house, though built nearly 15 years ago, has not been built using proper materials and foundation, and therefore, Nawaloka Construction Ltd., building a house next door, cannot be blamed for the poor quality construction of the Goonewardene home.
Mr Jayasuriya refuted the contention of Mr de Silva, and submitted to court that such an argument was baseless, as the family home of the Goonewardene’s had survived for 15 years without any cracks or damage. He pointed out that Mr de Silva had not drawn the attention of court to the 1st NBRO report filed by the Plaintiffs, which had categorically recommended that living in the house of Goonewardene’s could be dangerous and life threatening, and they wouldn’t recommend anymore weight on the house under construction, as it would endanger the house of the Goonewardene family.
Mr Jayasuriya further submitted that the report issued by the Defendant’s own engineers, Geotech Ltd., and filed in court by the Defendant, was beneficial to the Plaintiff, as its recommendations have not been acted upon by the Defendant. He said that, as recommended by Geotech Ltd. , the three meters of weak alluvial soil had not been removed by the Defendants in building the new construction.
District Judge Amali Ranaweera, refused the objections of Mr. Romesh deSilva P.C., appearing for the Defendant and issued the Interim Injunction, with orders to file answers.