Valantino Jayampathi Abeysekara vs Wanni Arachchilage Don Nihal Sarath Kumara – CA PHC 77/2006-2013

In the case between Valantino Jayampathi Abeysekara (Appellant) and Wanni Arachchilage Don Nihal Sarath Kumara (Respondent), the court addressed whether an appeal should proceed in light of the appellant’s failure to comply with procedural requirements to deposit brief fees following due notice. It was determined that, as the appellant failed to inform the Court of any change of address, did not receive the notice, and subsequently failed to deposit the required fees, the appeal is rejected. The decision underscores the procedural principle that appeals may be dismissed for non-compliance with mandatory court requirements, relying on court procedural rules, and emphasizes the necessity for appellants to adhere strictly to notification and filing protocols to maintain their appeals.

A. W.A