Naomi Leela Elizabeth Perera vs J.W. P. E. Vernon Botejue et al. – HCCA/COL/267/2003-2017

In the case between Naomi Leela Elizabeth Perera (Plaintiff) and the 2nd and 4th Defendants (Appellants, among a group of Defendants), the court addressed the issue of whether compliance with Section 755(2)(b) of the Civil Procedure Code, concerning the mandatory service of Notice of Appeal on the registered attorney, had been satisfied, and whether, in the event of non-compliance, any relief could be granted under Section 759(2) of the same Code. It was held that compliance with Section 755(2)(b) is a mandatory procedural requirement and that, where the notice was not served on the attorney on record as required, the consequence is fatal to the appeal. The principle reaffirmed is that statutory procedural requirements for appeal must be strictly followed and that equitable relief under Se