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Declaratory Judgments Act 1988

SAMOA

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
    

DECLARATORY JUDGMENTS ACT 1988

1988 No.22

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

[Assent and 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 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 a person:

(a) 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

(b) 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, –
the 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 – A declaration so made on any such motion has the same effect as the like declaration in a judgment in an action, and is 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 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 the motion be served on such persons as the 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 this Act and to any rules of Court made under the Judicature Ordinance 1961, the motion is subject to the rules of Court which are in force with respect to motions.

8. Removal of motion into Court of Appeal – The 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 section 55 of that Ordinance applies to the 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 under 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 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 conferred under this Act upon the Supreme Court to give or make a declaratory judgment or order shall be discretionary, and the 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 conferred under this Act 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 – A decision of the Court of Appeal under this Act is 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 – 2012

This Act has been revised under section 5 of the Revision and Publication of Laws Act 2008.

The following general revisions have been made:

(a) Amendments have been made to conform to modern drafting styles and to use modern language as applied in the laws of Samoa.

(b) Insertion of the commencement date

(c) Other minor editing has been done in accordance with the lawful powers of the Attorney General.

(i) “Every” and “any” changed to “a” or “each” where appropriate
(ii) “shall be” changed to “is” and “shall be deemed” changed to “is taken”
(iii) “shall have” changed to “has”
(iv) “pursuant to” or “in accordance with the provisions of” changed to “under”
(v) “hereby” and “from time to time” (or “for the time being”) removed

There were no amendments made to this Act since the publication of the Consolidated and Revised Statutes of Samoa 2007.
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This Act has been revised in 2008, 2009, 2010, 2011 and 2012 by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is the official version of this Act as at 31 December 2012. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.

Aumua Ming Leung Wai
Attorney General of Samoa

Revised in 2008 by the Legislative Drafting Division under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel)

Revised in 2009, 2010 and 2011 by the Legislative Drafting Division under the supervision of Papalii Malietau Malietoa (Parliamentary Counsel).

Revised in 2012 by the Legislative Drafting Division.

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