N.P. Piyasiri Nishshanka vs P.A. Jinadasa – CA PHC NO. 156/2002-2014

In the case between N.P. Piyasiri Nishshanka (Petitioner-Appellant) and P.A. Jinadasa (Respondent), the court addressed the procedural sufficiency of an appeal petition under the Court of Appeal (Procedure for Appeals from the High Courts) Rules 1988. It was held that the petition of appeal was procedurally defective for failing to include a specific prayer for relief, not being properly addressed to the Court of Appeal in accordance with Rule 2(1)(a), and omitting reference to the legal provision under which the appeal was filed. The appeal was accordingly dismissed without costs. This decision reaffirmed the principle that strict compliance with procedural requirements is necessary for appellate relief, emphasizing the mandatory nature of statutory procedural rules in appellate practice.

REF: CA PHC NO. 156/2002-2014 Category: Tag:
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