Dananjaya Rathnayake vs Office in-charge, Complains Unit, Police Station, Kandy – CA PHC NO. 88/2002-2012

In the case between Dananjaya Rathnayake (Appellant) and the Officer in Charge, Complaints Unit, Police Station, Kandy (Respondent), the court addressed whether the appeal should be allowed to proceed following the Appellant’s absence and failure to prosecute the appeal. It was determined that repeated failure to attend the proceedings and neglect to collect the case brief signified a lack of interest by the Appellant in pursuing the matter. Consequently, the appeal was dismissed. The principle that an appeal may be dismissed for want of prosecution was reaffirmed, underscoring the necessity for diligent prosecution by appellants. Directions were issued for the original record to be returned to the relevant High Court.

Rohini Marasinghe J. — It was found that the Appellant was absent and