Samarakoon and Another vs Fajurdeen – sllr 2012 volume 1 page 315

In SAMARAKOON AND ANOTHER v. FAJURDEEN, the court addressed the procedural requirements concerning the filing of a Notice of Appeal in terms of Sections 754 and 755 of the Civil Procedure Code. The key issue was whether the notice must be formally addressed to the Original Court or merely lodged with it for purposes of appeal. The court held that addressing the notice explicitly to the Original Court is not a statutory necessity, and that rejection based solely on its form was improper. The principle reaffirmed was that procedural technicalities should not override substantive justice or impede the appellate process, particularly when statutory provisions are satisfied in substance. This outcome was based on the proper interpretation of the Civil Procedure Code and supported by analysis of