Ex Parte Dubignon & Ors (XP 38 of 2023) [2024] SCSC 41 (3 April 2024)

Ex Parte Dubignon & Ors (XP 38 of 2023) [2024] SCSC 41 (3 April 2024)

The court found that the co-owners of land parcel V11757 do not wish to remain in indivision and have agreed to appoint the 4th Petitioner as fiduciary. The subdivision plan complies with planning requirements and does not prejudice the minor's interest. The law mandates appointment of a fiduciary and allows division in kind where co-owners so apply and planning approval is obtained.

Citation
[2024] SCSC 41
Parties
1st Petitioner: Romio Egbert Dubignon; 2nd Petitioner: Ricco Ritchie Dubignon; 3rd Petitioner: Justin John Dubignon; 4th Petitioner: Marjona Jennifer Dubignon (born Labiche); Interested Party (represented by 3rd and 4th Petitioners): Russel Ricardo Dubignon (minor); Respondent (ministère Public): Attorney General
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
3 April 2024
Case Number
XP 38 of 2023
Procedural Posture
Petition / Judgment
Outcome
Application granted
Legal Topics
Co Ownership, Appointment of Fiduciary, Subdivision of Land, Guardianship of Minor
Source Language
English
Property Law Family Law Co Ownership Appointment of Fiduciary Subdivision of Land Guardianship of Minor

Case Brief

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Parties

Romio Egbert Dubignon

1st Petitioner

Ricco Ritchie Dubignon

2nd Petitioner

Justin John Dubignon

3rd Petitioner

Marjona Jennifer Dubignon (born Labiche)

4th Petitioner

Russel Ricardo Dubignon (minor)

Interested Party (represented by 3rd and 4th Petitioners)

Attorney General

Respondent (ministère Public)

Procedural Posture

Petition / Judgment

Legal Issues

  1. 1 Whether a fiduciary should be appointed for the co-ownership of land parcel V11757
  2. 2 Whether the land can be subdivided in kind among the co-owners, including a minor, in accordance with the law

Ratio Decidendi

The court found that the co-owners of land parcel V11757 do not wish to remain in indivision and have agreed to appoint the 4th Petitioner as fiduciary. The subdivision plan complies with planning requirements and does not prejudice the minor's interest. The law mandates appointment of a fiduciary and allows division in kind where co-owners so apply and planning approval is obtained.

Court Disposition

Application granted

Orders

  • Marjona Jennifer Dubignon (born Labiche) appointed as fiduciary for land parcel V11757.
  • Fiduciary ordered to proceed with subdivision of land parcel V11757 as per the approved plan.