Biyagamage Jayanethi Fernando alias Jayantha vs The Hon. Attorney General – CA 212/2010-2013

In the case between Biyagamage Jayanethi Fernando alias Jayantha (Accused-Appellant) and The Hon. Attorney General (Respondent), the court addressed the issue of whether the pending appeal should continue after it was notified that the accused-appellant had died. The court held that the appeal must abate upon confirmation of the appellant’s death, reaffirming the principle that judicial proceedings against a deceased party cannot proceed. The decision was guided by procedural fairness and established legal practice, underscoring the requirement that an appeal abates when the sole appellant is no longer alive.

Sisira de Abrew J. — Upon consideration of submissions regarding the accused-appellant’s death and the production of the death certificate, it was determined that the death certific