Rathnayake Mudiyanselage Nihal Kapila vs Hon. Attorney-General – CA NO.109/2012-2013

In the case between Rathnayake Mudiyanselage Nihal Kapila and the Hon. Attorney-General, the issue addressed was whether an appeal could proceed after the death of the accused-appellant. It was held that upon confirmation of the appellant’s death, the appeal must abate, effectively terminating the proceedings. This decision reaffirmed the legal principle that appellate proceedings cannot continue after the death of the appellant, in accordance with established judicial practice and procedural fairness. The ruling highlighted the necessity for courts to formally abate appeals in such circumstances, underscoring the procedural finality resulting from a party’s demise.

SISIRA J. DE ABREW, J. — Following notification by the Jailor of Welikada Prisons regarding the accused-appellant’s death a