CHAMINDA

Vs.

JANASHAKTHI GENERAL INSURANCE LTD

SUPREME COURT
JAYAWARDENA, J.
DEHIDENIYA, J.
AMARASEKARA, J.
SC/APPEAU134/2018
CHC/275/13/MR
APRIL 29, 2019

Jurisdictional objection-Judicature Act, section 39-Civil Procedure Code, sections 75(d), 76, 146, 150-Evidence Ordinance, section 58- Arbitration Act, No. 11 of 1995, section 5-Jurisdiction of the Commercial High Court-Withdrawal of an admission-Waiver of the objection to jurisdiction-Patent and latent want of jurisdiction

The plaintiff instituted action in the Commercial High Court on the refusal of the defendant to make payment on an insurance policy. The defendant in its answer and at the point of raising issues, admitted the jurisdiction of the court. During cross-examination, the defendant having marked the arbitration clause contained in the insurance policy, moved to raise a jurisdictional issue. The High Court decided it as a preliminary issue and dismissed the plaintiff's action. The plaintiff appealed to the Supreme Court.

Held:

1. When there is a total or patent lack of jurisdiction, parties cannot confer jurisdiction on the court. When it is a contingent or latent lack of jurisdiction