Mohomed Wijaya Rohana alias Gundu vs Hon. Attorney General – CA APPEAL NO.124/2010-2013

In the case between Mohomed Wijaya Rohana alias Gundu (Appellant) and the Hon. Attorney General, Attorney General’s Department, Colombo 12 (Respondent), the court addressed the issue of whether an appeal filed by an accused-appellant could proceed following the appellant’s reported death. It was held that the appeal should be abated due to the appellant’s death, reaffirming the procedural principle that an appeal does not survive the appellant. This decision relied on the notification by the Jailor of Welikada Prisons and the admission by both parties, emphasizing that appellate proceedings terminate if the appellant dies prior to the final determination of the appeal.

Sisira de Abrew J. — Upon notification from the Jailor of Welikada Prisons of the accused-appellant’s death and based on