Warnakulasootiya Lakshman Upaly vs Mahagamage Don Hugo Anthony – CA PHC NO. 199/2012-2014

The case between Warnakulasootiya Lakshman Upaly (Appellant) and Mahagamage Don Hugo Anthony and another (Respondents) addressed the issue of whether an appeal should be dismissed for failure to pay the requisite brief fees following notice. It was held that non-payment of brief fees, despite due notice and absence of representation by the appellant, warranted rejection of the appeal. The decision reaffirmed the procedural principle that compliance with court notices and fee payments is essential for the continuance of an appeal. Reliance was placed on established court procedure, emphasizing that failure to comply with mandatory procedural requirements leads to dismissal of proceedings and protection of respondent interests, including directions regarding any fees paid.

A.W.A. Salam J. —