Siriwardana Mudiyanselage Amitha vs Mathugama Gonnage Marihami – CA PHC 40/2007-2013

The case between Siriwardana Mudiyanselage Amitha (Appellant) and Mathugama Gonnage Marihami (Respondent) addressed the issue of whether the appeal should proceed in light of procedural defaults. It was held that the appeal could not be entertained due to non-compliance with procedural requirements, specifically the failed service of notice and non-payment of the prescribed brief fees. This decision reaffirmed the principle that adherence to mandatory procedural rules is essential for the maintenance and prosecution of appeals. The decision relied on established court procedure and appellate practice, with emphasis placed on the effect of non-service and fee non-payment resulting in automatic procedural rejection rather than adjudication of merits. The key takeaway confirms that strict com