Masina and Another v Moore Carl Kirk N.0 and Others (31 of 2020) [2023] SZHC 618 (16 November 2023)

Civil law - Application for a declaratory order sought by Applicant, seeking to have his constitutional right to compensation declared, in the event of his being evicted - Order sought notwithstanding a ruling of the District Farm Dwellers Tribunal directing that he be. compensated in the event of his being evicted - Prior to instituting these proceedings, the Court found that there was no matter pending before it or any Court regarding the eviction of Applicant from Respondents 'farm - A court will not determine a constitutional issue where a matter may be properly determined on another basis - Based on the principle of ripeness the Court found that the matter was prematurely and improperly before it - The application for a declaratory order was refused with no order as to costs