W.K.M. Pabilis Appuhamy vs E.A. Ukku Manikhamy – CA PHC 139/2004-2004

In the matter between (Dead) W.K.M. Pabilis Appuhamy (succeeded by E.A. Ukku Manikhamy) and Upali Marasinghe (Agrarian Services Asst. Commissioner), W.W. Patrick Fernando, and the substituted respondent Mallika Perera, the court addressed the validity and procedural sufficiency of a Petition of Appeal lodged before the Court of Appeal. The central issue concerned whether significant procedural defects, including errors in the caption, improper addressing, misnaming of the attorney, identification of non-existent constitutional articles, and the seeking of relief for a “conviction” that did not exist, invalidated the appeal. It was held that the appeal could not be maintained due to these fundamental errors, reinforcing the principle that strict adherence to procedural requirements in appel

REF: CA PHC 139/2004-2004 Category: Tag:
Scroll to Top