Showlag v Mansour [1994] JLR 269 (02 August 1994)

Showlag v Mansour [1994] JLR 269 (02 August 1994)

The court has the power to make a declaratory judgment, but this power should be exercised with caution and only where necessary to do justice between the parties, and may be made on the basis of facts found after a contested hearing.

Citation
[1994] JLR 269
Parties
Applicant: Showlag; Respondent: Mansour
Jurisdiction
Jersey
Judgment Date
02 August 1994
Procedural Posture
Civil / Judgment
Outcome
declaratory judgment principles affirmed
Legal Topics
Declaratory Judgment, Judgments and Orders
Civil Procedure Declaratory Judgment Judgments and Orders

Case Brief

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Parties

Showlag

Applicant

Mansour

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the court has the power to make a declaratory judgment and under what circumstances it should be exercised

Ratio Decidendi

The court has the power to make a declaratory judgment, but this power should be exercised with caution and only where necessary to do justice between the parties, and may be made on the basis of facts found after a contested hearing.

Court Disposition

declaratory judgment principles affirmed