Kallapana Widanage Hemawardane & Kallapana Widanage Roshan vs Salpadoru Thuppahiye Somalatha – CA PHC 105/2005-2012

In the case between Kallapana Widanage Hemawardane and Kallapana Widanage Roshan (Petitioners) and Salpadoru Thuppahiye Somalatha (Respondent), the court addressed whether an appeal could proceed where Petitioners failed to comply with procedural requirements, namely, the payment of brief fees mandated by Rule 13(b) of the Supreme Court. The holding established that failure by Petitioners to comply with the rule on payment of brief fees warranted dismissal of the appeal. This principle reaffirmed the necessity of compliance with court procedural rules for the progression of appeals. The determination relied on Rule 13(b) of the Supreme Court, with the order emphasizing that strict adherence to procedural requirements is essential for the administration of justice.

Ms. Rohini Marasinghe J.