Uluwitike Henri Nanayakkara vs Udumalagala Uluwitake Sirisena – CA PHC 28/2007-2012

In the case between Uluwitike Henri Nanayakkara (Appellant) and Udumalagala Uluwitake Sirisena and Widanamage Jinadasa Wikramasinghe (Respondents), the court addressed the issue of whether the appellant’s failure to pay brief fees constituted non-compliance with Rule 13(b) of the Supreme Court, and whether such non-compliance justified dismissal of the appeal. It was held that non-payment of brief fees amounts to non-compliance with the relevant procedural rule, warranting dismissal of the appeal. The ruling reaffirmed that compliance with court rules is mandatory. The decision emphasized the strict application of Rule 13(b), confirming that procedural requirements cannot be overlooked, and appeals may be dismissed for non-compliance.

Rohini Marasinghe J. — It was determined that the app