Mohomad Abdul Raul vs Urban Development Authority – CA PHC 158/2005-2005

In the case between Mohomad Abdul Raul (Petitioner-Appellant) and the Urban Development Authority and W.C. Susantha (Respondents-Respondents), the court addressed whether the failure to file a notice of appeal, as required by Rule 11(3) of the Court of Appeal (Procedure for Appeals from High Courts) Rules 1988, is fatal to an appeal and whether the right of appeal granted under Article 154P(6) of the Constitution overrides procedural rules. It was held that the requirement to file a notice of appeal is a mandatory procedural condition, and non-compliance warrants dismissal. The principle reaffirmed was that constitutional rights of appeal do not abrogate compliance with procedural rules, which are essential to the jurisdiction of the appellate court. The decision was grounded in establishe

REF: CA PHC 158/2005-2005 Category: Tag:
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