A.P. Somapala vs. The O.I.C – APPEAL NO.237/2002-2015

In the case between A.P. Somapala and The O.I.C., Police Station, Nuwara Eliya, as well as other parties, the central issue concerned whether the appeal filed by A.P. Somapala was competent, considering an alleged procedural defect in addressing the Petition of Appeal as mandated by the Court of Appeal Rules. The court determined that non-compliance with Rule 14(1)(d) of the Court of Appeal Rules—specifically, the failure to address the Petition of Appeal to “the Court of Appeal and the other Judges of the Court of Appeal”—constituted a fatal procedural defect, thereby invalidating the appeal. This holding reaffirmed the critical principle that mandatory procedural requirements, particularly in appellate matters, must be strictly observed and are not subject to waiver as mere technicalitie

REF: APPEAL NO.237/2002-2015 Category: Tag:
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