Fernando And Others Francis Fernando And Another – SLR – 25… – sllr 2010 volume 1 page 025

In the case of Fernando and Others v. Francis Fernando and Another, the Supreme Court addressed whether failure by the Appellants to serve written submissions on the Respondents, as required under Rule 30(6) of the Supreme Court Rules, constitutes a lack of due diligence within the meaning of Rule 34. The court determined that non-service of submissions alone does not, in the sequence and context described, amount to a failure of due diligence justifying dismissal. It was held that strict procedural rules regulating the Supreme Court’s own process require a balanced approach grounded in fairness and reasonableness. The decision was based on an assessment of the nature of the rules, related case law, and the specific circumstances, emphasizing that rectification and absence of prejudice to