Chetty & Ors v Chetty (CS 202/2001) [2003] SCSC 12 (5 May 2003)

Chetty & Ors v Chetty (CS 202/2001) [2003] SCSC 12 (5 May 2003)

Section 107(2) of the Immovable Property (Judicial Sales) Act and relevant case law establish that co-owners may petition for division in kind without acting through a fiduciary; the plea in limine litis fails.

Citation
[2003] SCSC 12
Parties
Petitioners: Chetty & Ors; Respondent: Chetty
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
5 May 2003
Case Number
CS 202/2001
Procedural Posture
Civil / Ruling on Plea in Limine Litis
Outcome
Plea in limine litis dismissed.
Legal Topics
Co Ownership, Division in Kind, Fiduciary Duties, Judicial Sales
Source Language
English
Property Law Succession Law Co Ownership Division in Kind Fiduciary Duties Judicial Sales

Case Brief

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Parties

Chetty & Ors

Petitioners

Chetty

Respondent

Procedural Posture

Civil / Ruling on Plea in Limine Litis

Legal Issues

  1. 1 Whether individual co-owners can seek division in kind of co-owned property without acting through a fiduciary

Ratio Decidendi

Section 107(2) of the Immovable Property (Judicial Sales) Act and relevant case law establish that co-owners may petition for division in kind without acting through a fiduciary; the plea in limine litis fails.

Court Disposition

Plea in limine litis dismissed.

Orders

  • Petitioners may proceed with their application for division in kind without intervention of fiduciary.