Allianz Insurance Lanka Limited vs Mabotuwana Jagodage Oshani De Silva (nee Krishnarathne) and others – CA RII/57/2023-2024

In the case between Mabotuwana Jagodage Oshani De Silva (née Krishnarathne) and Horapola Liyanarachchige Sugandika Upamali, Kakuluwage Don Jayantha, and others, the court addressed the propriety of reinstating an appeal through restitutio in integrum under Article 138 of the Constitution and Rule 31(b) of the Court of Appeal (Appellate Procedure) Rules, 1990. The reinstatement was sought following the dismissal of an appellate claim for damages due to non-payment of required brief fees. It was held that the application for extraordinary relief could not be entertained, as the applicants failed to demonstrate due diligence in complying with procedural obligations and did not satisfy the requisite legal criteria for invocation of such jurisdiction. The decision reaffirmed that adherence to a

REF: CA RII/57/2023-2024 Category: Tag:
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