Clara Lilamani Fernando vs W.A. Gunawardana – CA PHC/190/2012-2022

In the case between Clara Lilamani Fernando (Appellant) and W.A. Gunawardana (Municipal Commissioner, Dehiwala Mount Lavinia Municipal Council) and others, the court addressed whether the Appellant was properly served and given due process in proceedings concerning the demolition of her building under the Urban Development Authority Act, and whether the High Court was in error in refusing to revise the Magistrate’s and High Court orders. It was held that the Appellant failed to comply with critical procedural requirements, including timely objection filing and adherence to Court of Appeal procedural rules, and that arguments not raised in the lower courts could not belatedly be advanced at the appellate stage. The principle reaffirmed that procedural diligence and timely compliance with ap