Hettiarachchi vs Fernando – CA 641/98 F-2014

The case between Rathna Hettiarachchi (Plaintiff/Respondent) and M.K. Saimon Fernando (Defendant/Appellant) addressed the issue of personal liability for payment of building materials supplied, along with the consideration of a prescription defense at the appellate stage. It was held that the Defendant-Appellant is personally liable for the amount claimed, and that the defense of prescription, not properly raised at trial, could not be considered on appeal. This reaffirmed the principle that appellate courts will not entertain new defenses involving mixed questions of fact and law if they were not appropriately formulated in the original proceedings. The decision relied on established case law governing the procedure for raising and preserving issues for appeal, emphasizing the requirement