H. C. Wickremasinghe et al. vs H. Don Cyril Dissanayake et al. – CA 248/2007-2014

In the case between H. C. Wickremasinghe and others (Petitioners) and H. Don Cyril Dissanayake, People’s Bank, and the Inquiring Officer, Land Redemption Department, People’s Bank (Respondents), the court addressed whether the Petitioners’ application for writs of Certiorari and Mandamus should be dismissed for non-compliance with the mandatory Court of Appeal (Appellate Procedure) Rules, specifically Rule 3(1)(a) & (b). The court held that failure to annex all essential material documents constituted a fatal procedural defect, resulting in the dismissal of the application. The principle reaffirmed is that strict compliance with procedural rules is mandatory in appellate applications, and the court has no discretion to excuse such failures in the circumstances of this case. Reliance was pl

REF: CA 248/2007-2014 Category: Tag:
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