Lanka Oriental Leasing Company Ltd vs Abba Mohamed Tayoob – CA APPEAL NO. 381/96 F -2014

In the matter of Lanka Oriental Leasing Company Ltd. (Plaintiff-Appellant) versus Abba Mohamed Tayoob (deceased), Asgar Abdul Hussain Jafferjee, and Akbar Abba Mohamed (Defendant-Respondents), the court examined the procedural issue regarding the continuation or withdrawal of the appeal by the Plaintiff-Appellant. It was determined that, upon application by counsel for the Plaintiff-Appellant, the request to withdraw the appeal was granted. The appeal was accordingly dismissed without costs. The ruling reaffirms the principle that an appellant may withdraw an appeal with leave of court, subject to procedural correctness and absent opposition, as observed in circumstances where the respondent is neither present nor represented.

Anil Goonerathne J. — After considering the submissions of co