103Declaratory judgment

103 Declaratory judgment

(1)  A proceeding is not open to objection only on the ground that it seeks a merely declaratory judgment or order.

(2)  The Court may make a binding declaration of right, whether or not any consequential relief is, or may be, claimed.

(3)  A person claiming to be interested under a deed, will or other written instrument may apply, by originating application, to a judge in chambers for –

(a) the determination of any question of construction arising under the instrument; and

(b) a declaration of the rights of the persons interested.

(4)  If a judge considers that any question on an application under subrule (3) ought not to be determined on an originating application, the judge –

(a) is not bound to determine the question; and

(b) may exercise the powers conferred by rule 95 .