Seetha Abeywickrama Jayathilaka vs. Kalani Devapriya Hewawitharana – CA PHC 35/2007-2013

The case between Seetha Abeywickrama Jayathilaka (Appellant) and Kalani Devapriya Hewawitharana (Respondent) considered the procedural issue of whether the appeal could proceed in the absence of the appellant. The court determined that the appeal should be dismissed since the appellant could not be located at the provided address and had failed to pay the requisite brief fees. This decision affirmed the procedural requirement that an appellant must comply with court directions regarding appearance and fee payment to maintain an appeal. Reliance was placed on the established rules of appellate procedure, highlighting that strict compliance with procedural mandates is essential for the continuation of appellate proceedings.

A.W.A. Salam J. — It was established that the notice to the appell