Chaminda vs. Janashakthi General Insurance Ltd. – sllr 2019 volume 2 page 169

In the case between Chaminada (Plaintiff) and Janashakthi General Insurance Ltd (Defendant), the court addressed the issue of whether the Commercial High Court had jurisdiction to hear a dispute when a defendant, after admitting jurisdiction, later raised an objection based on an arbitration clause. It was held that once jurisdiction is admitted by a party, such admission cannot be revoked at a later stage, even if an arbitration clause exists. The principle reaffirmed was that objections to jurisdiction must be raised early and consistently, and jurisdictional challenges cannot be opportunistically shifted. Reliance was placed on statutory provisions including Section 5 of the Arbitration Act, Section 39 of the Judicature Act, relevant Civil Procedure Code sections, and supporting case la