Hewayalage Piyasena et al. vs. Wahampurage Soida et al. – CA PHC 202/2005-2012

In the case between Hewayalage Piyasena and Wahampurage Soida, the court addressed whether an appeal should be entertained in circumstances where the appellants failed to pay the required brief fees and were absent and unrepresented at the scheduled hearing. It was determined that the appellants did not exercise due diligence in the prosecution of their appeal, leading to the dismissal of the appeal pursuant to Rule 34 and 13(b) of the Supreme Court Rules. The decision reaffirmed the principle that compliance with procedural requirements and presence in court are essential for the progression of an appeal. This holding emphasizes the necessity for parties to adhere to established court directions and deadlines, reinforcing judicial efficiency and procedural discipline.

Rohini Marasinghe J