JOHNSEN v AGRICULTURAL FINANCE CORP 1995 (1) ZLR 65 (S)
Citation | 1995 (1) ZLR 65 (S) |
Case No | Judgment No. S-17-95 |
Court | Supreme Court, Harare |
Judge | Gubbay CJ, Korsah JA & Ebrahim JA |
Heard | 19 January 1995 |
Judgment | 9 February 1995 |
Counsel | M J Gillespie for the appellant |
Case Type | Appeal against refusal to grant declaratory order |
Annotations | Link to case annotations |
Flynote
Practice and procedure — declaratory order — when may be granted — not necessary that order should finally dispose of entire litigation — competent to issue order on one part of dispute only — availability of other remedy such as interdict not a bar to relief — requirement for court to consider merits of applicant's case — where construction of contract is in issue, court under duty to consider meaning of contract
Appeal — Supreme Court — power to substitute its discretion for that of trial court — permissible where trial court has wrongly exercised discretion — where trial court exercises no discretion, remittal appropriate
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