Piyasena Loku Withana vs Manage Somaratne – CA 556/1996 F -2011

In the case between Piyasena Loku Withana (Plaintiff-Appellant) and Manage Somaratne and others (Defendant-Respondents), the court addressed whether an appeal should be rejected due to the non-inclusion of certain material documents in the appeal brief and whether the trial judge’s failure to formally answer all points of contest constituted a fatal defect justifying a retrial. It was held that non-inclusion of documents, where not attributable to fault of the appellant, does not warrant dismissal of the appeal, and that omission by the trial judge to answer every issue does not justify reversal unless substantial prejudice or a failure of justice is demonstrated. The principle reaffirmed is that procedural errors, absent demonstrable prejudice, are insufficient to defeat substantive right