Sudarakara Gedara Wasantha Herath vs Godamuna Vithanage Wimalasiri Godamuna – CA PHC 69/2005-2005

In the case between Sudarakara Gedara Wasantha Herath (Appellant) and Godamuna Vithanage Wimalasiri (Respondent), the court addressed the issue of procedural compliance regarding the deposit of appeal brief fees as mandated by the Court of Appeal rules. It was determined that the appellant had failed to deposit the requisite brief fees within the prescribed period and was also absent and unrepresented on the scheduled hearing date. The appeal was held to be dismissed in accordance with Rule 13(b) of the Court of Appeal (Preparation of Appeal Brief) Rules, 1978. This decision reaffirmed the principle that strict adherence to procedural requirements is essential in appellate proceedings, with the consequence of dismissal for non-compliance.

A.W.A. Salam J. — It was found that the appellant