K.G.A.N.Kumara vs K.T.A.S.Perera – CA PHC/76/2009-2016
In the case between K.G.A.N. Kumara (Complainant Respondent Appellant) and K.T.A.S. Perera, Adamjee Lukmanjee & Sons Ltd. (1st and 2nd Accused Respondent Respondents, respectively), the court addressed the issue of whether non-compliance with Rule 4(2) of the Court of Appeal (Procedure for Appeals from High Courts) Rules, 1988, specifically the absence of a certificate from an Attorney at Law that the questions of law are fit for adjudication, renders the appeal fatally flawed. It was held that such procedural non-compliance is fatal to the maintainability of the appeal, reaffirming the principle that strict adherence to prescribed procedural requirements is mandatory in appellate practice. This decision relied on established precedents and statutory interpretation, emphasizing that the om

