H.D. Gamini Jayalal Moragoda vs S.D. Mallika Jayasundara – CA NO. 238/99-2014

In the case between H.D. Gamini Jayalal Moragoda (Defendant-Appellant) and S.D. Mallika Jayasundara (Respondent), the court addressed whether the appeal of the Defendant-Appellant should proceed following his absence and indications he had left the country. It was held that in the absence of both parties and a clear lack of interest in prosecuting the appeal, the appeal stood dismissed without costs. This ruling reaffirmed the principle that an appeal cannot proceed when the appellant demonstrates abandonment or lack of intention to continue, relying on procedural requirements regarding party representation. The decision underscores the necessity for appellants to participate actively in appellate proceedings, with nonattendance resulting in dismissal.

H.N.J. Perera J. — Notice was issue