JOHNSEN v AGRICULTURAL FINANCE CORP 1995 (1) ZLR 65 (S)
Citation  | 1995 (1) ZLR 65 (S)  | 
Case No  | Judgment No. S-17-95  | 
Court  | Supreme Court, Harare  | 
Judge  | Gubbay CJ, Korsah JA & Ebrahim JA  | 
Heard  | 19 January 1995  | 
Judgment  | 9 February 1995  | 
Counsel  | M J Gillespie for the appellant  | 
Case Type  | Appeal against refusal to grant declaratory order  | 
Annotations  | Link to case annotations  | 
Flynote
Practice and procedure — declaratory order — when may be granted — not necessary that order should finally dispose of entire litigation — competent to issue order on one part of dispute only — availability of other remedy such as interdict not a bar to relief — requirement for court to consider merits of applicant's case — where construction of contract is in issue, court under duty to consider meaning of contract
Appeal — Supreme Court — power to substitute its discretion for that of trial court — permissible where trial court has wrongly exercised discretion — where trial court exercises no discretion, remittal appropriate
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