Hussain Mohideen Bawa vs Provincial Council Wellawaya – CA PHC NO. 304/06-2013

In the case between Hussain Mohideen Bawa (appellant) and the Provincial Council, Wellawaya (respondent), the court addressed the issue of whether an appeal should be allowed to proceed in light of procedural non-compliance, specifically the failure to deposit brief fees by the appellant. It was held that procedural requirements, including the payment of brief fees, are mandatory and non-compliance results in rejection of the appeal. The principle reaffirmed was that strict adherence to procedural rules is essential for the orderly conduct of appeals. Reliance was placed on established practice and procedural law, highlighting that compliance with all court requirements is a precondition for invoking appellate jurisdiction.

A.W.A. Salam J. — The findings established that notice issued to