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Declaratory Judgments Act 1988

CONSOLIDATED ACTS OF SAMOA 2009

DECLARATORY JUDGMENTS ACTS 1988

Arrangement of Provisions

1. Short title
2. Application
3. Declaratory judgments
4. Declaratory orders by motion
5. Effect of declaratory orders
6. Service of notice of motion
7. Motion to be subject to rules of Court
8. Removal of motion into Court of Appeal
9. Appeal to Court of Appeal
10. Judgment or order in anticipation of any act or event
11. Jurisdiction discretionary
12. Declaratory judgments or order in cases where Court cannot give relief
13. Decision of Court of Appeal to bind all other Courts
14. Costs

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THE DECLARATORY JUDGMENTS ACT 1988
1988 No.22

AN ACT to specifically authorise the Supreme Court to give declaratory judgments or orders.

(30 December 1988)
(Commencement date 30 December 1988)

1. Short title - This Act may be cited as the Declaratory Judgments Act 1988.

2. Application - This Act binds the Government of Samoa and a declaratory judgment or order may be made against the Government whether or not the effect of the judgment or order would be to give relief against the Government which could not otherwise have been obtained in proceedings against the Government.

3. Declaratory judgments - No action or proceeding in the Supreme Court shall be open to objection on the ground that a mere declaratory judgment or order is sought thereby, and the said Court may make binding declarations of right, whether any consequential relief is or could be claimed or not.

4. Declaratory orders by motion - (1) Where any person has done or desires to do any act the validity, legality, or effect of which depends on the construction or validity of any statute, or any regulation made by the Head of State, acting on the advice of Cabinet, under statutory authority, or any bylaw, or any deed, will, or document or instrument of title, or any agreement made or evidenced by writing, or any memorandum or articles of association of any company or body corporate, or any instrument prescribing the powers of any company or body corporate; or

(2) Where any person claims to have acquired any right under any such statute, regulation, bylaw, deed, will, document or instrument of title, agreement, memorandum, articles or instrument, or to be in any other manner interested in the construction or validity thereof, such person may apply to the Supreme Court by motion for a declaratory order determining any question as to the construction or validity of such statute, regulation, bylaw, deed, will, document or instrument of title, agreement, memorandum, articles, or instrument, or of any part thereof.

5. Effect of declaratory orders - Any declaration so made on any such motion shall have the same effect as the like declaration in a judgment in an action, and shall be binding on the person making the application and on all persons on whom notice of the motion has been served, and on all other persons who would have been bound by the said declaration if the proceedings wherein the declaration is made had been an action.

6. Service of notice of motion - The Supreme Court may direct that notice of any such motion shall be served on such persons as the said Court thinks fit, and such direction may be given at the time when the motion is filled or subsequently.

7. Motion to be subject to rules of Court - Subject to the provisions of this Act and to any rules of Court made in accordance with the Judicature Ordinance 1961, any such motion shall be subject to the rules of Court which are for the time being in force with respect to motions.

8. Removal of motion into Court of Appeal - Any such motion may be removed into the Court of Appeal in the same manner as the matters specified in section 55 of the Judicature Ordinance 1961 are removable, and the provisions of section 55 of the said Ordinance shall apply to any motion so removed accordingly.

9. Appeal to Court of Appeal - An appeal shall lie to the Court of Appeal from any judgment or order given or made in pursuance of this Act, in the same manner as in the case of a final judgment of the Supreme Court.

10. Judgment or order in anticipation of any act or event - Any declaratory judgment or order given or made in pursuance of this Act may be given or made by way of anticipation with respect to any act not yet done or any event which has not yet happened, and in such case the said judgment or order shall have the same binding effect with respect to that future act or event, and the rights or liabilities to arise therefrom, as if that act or event had already been done or had already happened before the said judgment or order was given or made.

11. Jurisdiction discretionary - The jurisdiction hereby conferred upon the Supreme Court to give or make a declaratory judgment or order shall be discretionary, and the said Court may, on any grounds which it deems sufficient, refuse to give or make any such judgment or order.

12. Declaratory judgments or orders in cases where Court cannot give relief - The jurisdiction hereby conferred upon the Supreme Court to give or make any declaratory judgment or order:

Shall not be excluded by the fact that the Supreme Court has no power to give relief in the matter to which the judgment or order relates, or that such matter would, independently of this Act, be within the exclusive jurisdiction of any other Court;

13. Decision of Court of Appeal to bind all other Courts - Any decision of the Court of Appeal under this Act shall be binding in all other Courts in Samoa.

14. Costs - The costs of any action, motion, or appeal under this Act shall be in the discretion of the Court, and the Court may in the exercise of that discretion order the whole or any part of those costs to be paid by any party, although successful in the action, motion or appeal, and may in any case direct that costs awarded to any party shall be taxed either as between party and party or as between solicitor and party.

REVISION NOTES 2008

This law has been generally edited as provided for by section 5 of the Revision and Publication of Laws Act 2008. The following general revisions have been made –

References to Western Samoa have been amended to Samoa in accordance with an amendment to the Constitution of Samoa in 1997.

There were no amendments made to this law since the publication of the Western Samoa Statutes Reprint 1978-1996.

This law has been consolidated and revised by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is an official version of this Act as at 31 December 2007. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.

Revised and consolidated by Graham Bruce Powell
Under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel)

REVISION NOTES 2008 No. 2

Section 4 (general powers of the Attorney General) of the Revision and Publication of Laws Act 2008 is used to insert the commencement date. By virtue of section 8 of the Acts Interpretation Act 1974, in the absence of an expressed commencement date, the date of assent is the commencement date.

There were no amendments made to this law since the publication of the Consolidated and Revised Statutes of Samoa 2007.

This law has been consolidated and revised by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is an official version of this Act as at 31 December 2008. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.

Revised and consolidated by the Legislative Drafting Division under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel).

REVISION NOTES 2009

There were no amendments made to this law since the publication of the Consolidated and Revised Statutes of Samoa 2007.

This law has been consolidated and revised by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is an official version of this Act as at 31 December 2009. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.

Revised and consolidated by the Legislative Drafting Division under the supervision of Papalii Malietau Malietoa (Parliamentary Counsel).

The Declaratory Judgments Act 1988 is administered in the Ministry of Justice and Courts Administration.