Daluwatta and Another v. Kariyawasam and Others – sllr 2002 volume 2 page 206

In the case between Daluwatte and Another (Party A) and Kariyawasam and Others (Party B), the court examined whether an application for leave to appeal was properly constituted, despite the use of the word “proceed” instead of “appeal” and the lack of a specific prayer for dismissal of the original action. The central question was whether these defects constituted valid preliminary objections that would bar the application. It was held that the intent to appeal was clearly communicated in the petition, no prejudice had been caused to the respondent, and any prayer regarding dismissal should be directed to the original court. The principle reaffirmed is that procedural misnomers or omissions that do not mislead or prejudice the opposing party do not warrant dismissal of applications at the