Marian Santhira Maharasa et al. vs Hon. Attorney General – CA 17/2011-2013

In the case between Kanthan Selvaratnam (3rd accused–appellant) and the Hon. Attorney General, the court addressed the procedural issue of whether the appeal filed by the appellant should continue following his death. It was held that, upon formal notification and verification of the appellant’s death, the appeal was required to be abated, thus terminating the proceedings in respect of the deceased appellant. The principle reaffirmed is that legal proceedings abate upon the death of an appellant where personal relief is sought, relying on established procedural law to emphasize the finality of judicial proceedings in such circumstances.

Sisira J. De Abrew J. — It was established that, upon being notified and verifying through official documentation that Kanthan Selvaratnam, the 3rd accus

REF: CA 17/2011-2013 Category: Tag:
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