Munasinghe Warnaseeli vs Thommadura Nyanawathi and Senapathi Konnet – CA PHC NO. 80/2007-2013

In the case between Munasinghe Warnaseeli (Appellant) and Thommadura Nyanawathi and Senapathi Konnet (Respondents), the court considered whether the appellant’s failure to deposit the required brief fees, following court-issued notices, warranted the rejection of the appeal. It was determined that non-compliance with procedural requirements, specifically the failure to deposit brief fees, justifies the dismissal of the appeal. The decision reaffirmed the importance of adherence to procedural court orders in appellate practice, with reference to prevailing procedural rules, highlighting that procedural defaults can lead to the rejection of appeals.

A.W.A. Salam J. — The record established that notices were duly issued to the appellant, directing the deposit of brief fees. The appellant fa