Gerlin Kankanamalage Gres Garlin vs H.D. Jasintha – CA 1368/2000 F -2013

In the case between Gerlin Kankanamalage Gres Garlin (Appellant) and H.D. Jasintha (Respondent), the court addressed the issue of whether an appeal should be entertained when the Defendant-Appellant failed to comply with a directive to pay brief fees after due notice. It was held that non-payment of the brief fees as required by rule 13(b) of the Supreme Court (Court of Appeal Appellate Procedure Copies of Records) rules 1978 warranted the rejection of the appeal without costs. The principle reaffirmed is that compliance with procedural rules, including payment of required fees, is a prerequisite for appeal proceedings. The decision relied on the aforementioned procedural rule, highlighting the procedural consequence that an appeal may be dismissed if the appellant fails to fulfil statutor