Ex-parte: Belle (Represented by Mr Gilbert Eliza) (CS 28/2017) [2018] SCSC 8080 (19 February 2018)

Ex-parte: Belle (Represented by Mr Gilbert Eliza) (CS 28/2017) [2018] SCSC 8080 (19 February 2018)

The objections raised by the respondent are dismissed as the petition and memorandum comply with the relevant statutory provisions, no prejudice was suffered by the respondent, and the evidence as to valuation and inability to subdivide stands unchallenged.

Citation
[2018] SCSC 8080
Parties
Petitioner: Terrence Belle; Respondent: Daniel Belle
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
19 February 2018
Case Number
CS 28/2017
Procedural Posture
Civil / Ruling on Objection to Petition for Sale by Licitation
Outcome
Objection dismissed; petition for sale by licitation allowed
Legal Topics
Judicial Sale by Licitation, Objection to Licitation, Co Ownership, Division of Property
Source Language
English
Property Law Succession Law Judicial Sale by Licitation Objection to Licitation Co Ownership Division of Property

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Terrence Belle

Petitioner

Daniel Belle

Respondent

Procedural Posture

Civil / Ruling on Objection to Petition for Sale by Licitation

Legal Issues

  1. 1 Whether the petition for sale by licitation complies with the Immoveable Property (Judicial Sales) Act
  2. 2 Whether the Memorandum of Charges is valid
  3. 3 Whether the property can be conveniently subdivided instead of sale by licitation

Ratio Decidendi

The objections raised by the respondent are dismissed as the petition and memorandum comply with the relevant statutory provisions, no prejudice was suffered by the respondent, and the evidence as to valuation and inability to subdivide stands unchallenged.

Court Disposition

Objection dismissed; petition for sale by licitation allowed

Orders

  • Petition for sale by licitation to proceed as per statutory formalities under Sections 104 and 105 of the Act