T.L. Fernando vs Hon. Attorney General – CA PHC 75/2011-2013

The case between T.L. Fernando (Appellant) and the Hon. Attorney General (Respondent) addressed the issue of appellate procedure, specifically focusing on the consequence of a party’s failure to prosecute an appeal due to absence and failure to deposit the requisite brief fees. It was determined that in circumstances where the appellant fails to appear and comply with fee requirements, the appeal may be rejected without further substantive consideration. The decision reaffirmed the principle that procedural rules relating to appeal prosecution must be strictly observed, with reliance placed on established court practice and procedural statutes. The holding emphasizes that non-compliance with procedural requirements can result in the outright dismissal of an appeal, thereby reinforcing the