Welathanthrige William Botheju v Welathanthrige Pedrik Botheju – CA 334/1998 F -1998

In the case between Welathanthrige William Botheju (represented by substitutes) and Welathanthrige Pedrik Botheju, Welathanthrige Adilin Botheju, and others, the court addressed the jurisdiction of the Court of Appeal to set aside its own order of abatement in a partition action, and the sufficiency of cause demonstrated to reinstate an abated appeal arising from a failure to timely substitute deceased parties. The court held that the Court of Appeal possesses inherent jurisdiction to consider a restoration application concerning incidental orders of abatement but found that the applicant had failed to establish sufficient cause or due diligence necessary for reinstatement. The decision reaffirmed the principle that a party seeking to restore an abated appeal must demonstrate proper compli