CIVIL PROCEDURE – SECTION 16 OF THE HIGH COURT – DECLARATORY ORDERS AND CONSIDERATIONS TO BE TAKEN INTO ACCOUNT IN DECIDING WHETHER OR NOT TO ISSUE DECLARATORY RELIEF. Hallie Investments Number Five Hundred and Eight Two (Pty) Ltd v Municipal Council for the district of Windhoek NAHCMD (3 April 2023)

MASUKU J:

The declarators sought

In their notice of motion, the applicants also sought the following declarators, namely, an order declaring para 1.3 of the consent issued in Resolution 275/08/2012, granted to the first applicant by the respondent during 2012 to be unlawful or ultra vires and to be set aside therefor. The second declarator relates to the consent, with the first applicant seeking a declaration that it may operate an accommodation facility; a conference facility, and a facility wherein events and functions are hosted. Last, but by no means least, the first applicant seeks . . .

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