Chapter 11 - Declaratory Relief

Chapter 11 - Declaratory Relief

43.1101 Right of action-Declaration.

Any person interested under a deed, will or other written instrument, or under a contract, or who desires a declaration of his rights or duties with respect to another, or in respect to, in, over or upon property, may, in cases of actual controversy relating to the legal rights and duties of the respective parties, bring an action in the trial division of the High Court for a declaration of his rights and duties, including a determination of any question of construction or validity arising under an instrument or contract. He may ask for a declaration of his rights and duties, either alone or with other relief. The court may make a binding declaration of such rights or duties, whether or not further relief is or could be claimed at the time. The declaration may be either affirmative or negative in form and effect, and such declaration shall have the force of a final judgment. Such declaration may be had before there has been any breach of the obligation in respect to which said declaration is sought.

43.1102 Refusal to hear cause.

The court may refuse to exercise the power granted by this chapter in any case where its declaration or determination is not necessary or proper at the time under all the circumstances.

43.1103 Time for trial.

Actions brought under the provisions of this chapter shall be set for trial at the earliest possible date and shall take precedence over all other cases, except older matters of the same character and matters to which special precedence may be given by law.

43.1104 Other remedies not affected.

The remedies provided by this chapter are cumulative and shall not be construed as restricting any other remedy, provisional or otherwise, provided by law for the benefit of any party to such action, and no judgment under this chapter shall preclude any party from obtaining additional relief based upon the same facts.