Eurin Kiriwendala vs Thusaya Hakuru Senanayake – CA 1385/00-2012

The case between Eurin Kiriwendala (Substituted Plaintiff) and Thusaya Hakuru Senanayake (Defendant-Appellant), alongside the 1st and 2nd Defendant-Appellants, addressed the issue of procedural non-compliance regarding the failure to pay brief fees as stipulated under Rule 13(b) of the Supreme Court – Court of Appeal Appellate Procedure (Records) Rules 1978. It was held that non-compliance with this procedural requirement, coupled with the absence of the appellants or their representatives at the hearing, warranted the rejection of the appeal without an award of costs. The decision reaffirmed the principle that adherence to appellate procedural rules is mandatory, with procedural defaults justifying dismissal of appeals. Reliance was placed on relevant statutory procedural rules, emphasizi