Kahata Watte Gedara Nyanalatha vs U.R.T.R. Abeywardane – CA PHC NO.57/13-2013

The case between Kahata Watte Gedara Nyanalatha (Appellant) and U.R.T.R. Abeywardane, Additional Director, Health Services Department, North Central Province (Respondent), addressed the issue of whether an appeal should be dismissed when the appellant fails to pay brief fees and formally indicates an intention not to proceed. It was held that the appeal must be dismissed due to the appellant’s failure to pay brief fees and express request to be released from further prosecution of the appeal. The decision reaffirmed the procedural principle that an appeal cannot proceed when the appellant does not comply with court requirements and expressly withdraws, with reliance on established court protocols regarding non-payment of fees and procedural conduct in appeals.

A.W.A.Salam J. — The findin