Jinadasa and Another v. Sam Silva and Others – sllr 1994 volume 1 page 232

In Jinadasa and Another (petitioners/appellants) versus Sam Silva and Others (respondents), the court addressed the issue of whether an application for a writ of certiorari to re-list an appeal dismissed for non-appearance compels a duty to provide reasons, especially in circumstances involving default due to absence of counsel and the obligations of the registered attorney. The holding established that the reinstatement order by the Court of Appeal was erroneous, requiring the setting aside of such re-listing. The court reaffirmed the principle that parties bear the primary burden of demonstrating “sufficient cause” for non-appearance, with strict adherence to procedural obligations and duties of legal representatives. Reliance was placed on procedural statutes including the Civil Procedu