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Started Dec 10 2012, 15:44

Dec 10 2012, 15:44

I was wondering about declaratory orders/decrees/judgments and the procedure involved..

I have done some research and in the US there's a whole Act on Declatory Judgments, but I notice we don't have any such Acts...however taking into consideration section 31 of the Supreme Court Act SA 1935

SUPREME COURT ACT 1935 - SECT 31

31— Declaratory orders

No action or proceeding shall be open to objection on the ground that a merely declaratory judgment or order is sought thereby, and the court shall have power to make binding declarations of right whether any consequential relief is or could be claimed or not.

My question is, if I wanted to seek a declaration order/decree of right of an equitable right to certain property the subject of an express trust, and to establish and validate the equitable rights and the corresponding duties and validate the trust, what forms, process and procedure would one use to initiate this action?

Please understand this is hypothetical.

Mr Jahir
Id:12637658

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