W.A. Sunethra and Another vs W.A. Kulathunga – CA PHC 188/2012-2013

In the case between W.A. Sunethra and A.M. Wijerathna (Petitioners) and W.A. Kulathunga (Respondent), the issue before the court concerned whether an appeal by the petitioners could proceed when the required brief fees were not paid by the deadline notified to the appellants. The court determined that non-compliance with the stipulated fee payment resulted in rejection of the appeal, reaffirming the principle that procedural requirements, specifically the timely payment of court fees, are mandatory for the continuation of appeals. The decision relied on established court procedure and precedent, underscoring that failure to follow such procedural mandates results in automatic dismissal of the appeal.

A.W.A. Salam J. — The findings established that the appellants were given notice to pay