The Court of Appeal held that commencing proceedings for a declaration in the Supreme Court when an action raising the same issue is pending in the District Court is totally inappropriate and should be dismissed without embarking on the merits. Declaratory relief was never intended to divide up or fracture legal proceedings pending in another court from which there is a full appeal on fact and law. The appeal was dismissed on the merits for the reasons given by the trial judge, with the Court adding the additional procedural objection of its own motion.
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