M.H. Nihal vs. Secretary, Municipal Council, Ambalangoda – CA PHC 162/2005-2005

In the case between M.H. Nihal (Plaintiff/Appellant) and the Secretary, Municipal Council, Ambalangoda (Defendant/Respondent), the court addressed the issue of non-compliance with procedural requirements regarding the payment of brief fees in an appeal. It was determined that the failure of the appellant to pay the brief fees and to comply with the notice to appear in court resulted in the dismissal of the appeal in accordance with Rule 13(b) of the Preparation of Appeal Brief (Court of Appeal 1978). The court reaffirmed the principle that strict adherence to procedural rules is necessary for the progress of an appeal, underscoring the binding effect of procedural compliance in appellate proceedings.

A.W.A. Salam J. — It was held that after due notice, payment of brief fees on or before