Declarations: Final Remedies in Civil Actions

Abstract

Introduction

A declaration is a remedy open to a plaintiff in a Civil action against the defendant where his right, interests or privileges are being questioned by the defendant. It is a pronouncement by a Court shouldered with the responsibility of determining the status, ability, constitutionality, legality or otherwise of questions, issues or acts of the parties. The action is a useful and important method of ascertaining and determining the rights of parties, construction of documents, and the validity of orders or decisions of Tribunals.

Declaration is essentially an equitable remedy usually granted at the discretion of the Court but such discretion must be exercised judicially. It is normally asked for by a plaintiff who believes or has cause to believe that if granted, it would determine his right and that the defendant, may be an individual, corporate or statutory institutions, will be bound by the pronouncement of the court and comply accordingly. This remedy is very useful and effective in a society where the rule of law is well respected.

The use of declaration as final remedies in Civil actions has been traced to the 16th century and the phenomenon is as ancient as the administration of justice by the Courts.¹

"Anglo — American statutes have from time immemorial authorised and courts have rendered judgments purely declaratory in form and effect."²