Nawolis Muthumala vs Divisional Secretary – CA PHC 138/2012-2013

In the case between Nawolis Muthumala and the Divisional Secretary, Divisional Secretariat Office, Ambalanthota and the Hon. Attorney General, the issue concerned whether the appeal could be maintained despite the appellant’s failure to pay brief fees as stipulated by the court rules. It was held that the failure to pay the required brief fees, after due notification presumed to have been delivered, constituted non-compliance with Rule 13(b) of the Preparation of Appeal Briefs – Court of Appeal – 1978. The appeal was therefore rejected on procedural grounds. The decision reaffirmed that procedural requirements regarding appeal brief fees are mandatory, and non-compliance results in dismissal of the appeal.

A.W.A. Salam J. — It was determined that notices requiring payment of brief fees w