Ah Weng v Hitie (MC 114/2016) [2020] SCSC 607 (18 September 2020)

Ah Weng v Hitie (MC 114/2016) [2020] SCSC 607 (18 September 2020)

The land H11684 can be conveniently subdivided as per the land surveyor's proposal; plot 1 is allotted to the Petitioner and plot 2 to the Respondent. The Petitioner bears the surveyor's cost, and remaining costs are shared.

Citation
[2020] SCSC 607
Parties
Petitioner: Maggie Ah Weng; Respondent: Cyril Hitie
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
18 September 2020
Case Number
MC 114/2016
Procedural Posture
Civil / Judgment
Outcome
Petition allowed. Land to be subdivided as per surveyor's proposal.
Legal Topics
Co Ownership, Partition of Land, Subdivision of Property
Source Language
English
Property Law Co Ownership Partition of Land Subdivision of Property

Case Brief

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Parties

Maggie Ah Weng

Petitioner

Cyril Hitie

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether land H11684 can be conveniently subdivided to end co-ownership
  2. 2 Appropriate allocation of subdivided plots to co-owners
  3. 3 Responsibility for costs of subdivision

Ratio Decidendi

The land H11684 can be conveniently subdivided as per the land surveyor's proposal; plot 1 is allotted to the Petitioner and plot 2 to the Respondent. The Petitioner bears the surveyor's cost, and remaining costs are shared.

Court Disposition

Petition allowed. Land to be subdivided as per surveyor's proposal.

Orders

  • Land H11684 to be subdivided as per land surveyor Ah Kong's proposal.
  • Plot 1 allotted to Petitioner, plot 2 to Respondent.