Lakmini Leather Products vs Lanka Orix Leasing Company Ltd. – CA PHC NO.273/2005-2005

In the case between Lakmini Leather Products (Appellant) and Lanka Orix Leasing Company Ltd. (Respondent), the court addressed the issue of whether the Court of Appeal has jurisdiction to entertain an appeal against a High Court decision enforcing an arbitral award in the absence of leave to appeal from the Supreme Court, as required under section 37(2) of the Arbitration Act No. 11 of 1995. It was held that compliance with this statutory prerequisite is mandatory, and, given that leave was not obtained, the Court of Appeal lacked jurisdiction to proceed. This decision reaffirmed the principle that procedural requirements stipulated for appeals against arbitral award enforcement must be strictly observed. The findings were based on section 37(2) of the Arbitration Act, underlining the bind

REF: CA PHC NO.273/2005-2005 Category: Tag:
Scroll to Top