Udugamasooriyage Nelson Vs. Bomiriyage Don Ariyadasa Asiri – CA PHC 118/2004-2012

In the case between Udugamasooriyage Nelson Sihiarupagama (Appellant) and Bomiriyage Don Ariyadasa Asiri (Respondent), the court addressed the issue of whether an appellant’s lack of diligence and refusal to pursue an appeal warranted dismissal under Rule 34 of the Supreme Court. The appeal was dismissed on the ground that the appellant declined both legal representation and to argue the case personally, thereby abandoning prosecution of the appeal. This decision reaffirmed the principle that appeals must be prosecuted with due diligence, relying on procedural rules governing appellate practice and underscoring that lack of interest or initiative in prosecution constitutes sufficient cause for dismissal.

A.W.A. Salam J. —
It was established that the appellant expressed an unwillingne