Abdul Kadar Mohommadu Nawafik & Seiyadu Lebbe Seinudeen vs D.A. Sririwardane & Others – CA 894/99-2013
In the case between D.A. Siriwardane and others (Respondents) and Abdul Kadar Mohommadu Nawafik and Seiyadu Lebbe Seinudeen (Appellants), the court addressed the issue of whether an appeal should be dismissed for procedural default due to non-payment of appeal brief fees by the Defendant-Appellants. It was determined that, pursuant to Rule 13(b) of the Appellate Procedure Copies of Records Rules 1978, the appeal must be rejected where brief fees are not deposited. This holding reaffirmed the principle that strict compliance with procedural requirements, such as payment of required fees, is mandatory for the prosecution of an appeal. The decision emphasized the necessity for adherence to prescribed appellate procedures, impacting the rights of appellants to have their appeals heard when ess

