Esparon and Another v Denis (381 of 1999) [2006] SCSC 35 (9 November 2006)

Division in kind is not feasible due to structural and planning constraints; petitioners should sell their half share to the respondent based on valuation, or alternatively, the whole property should be sold and proceeds shared equally.

Citation: [2006] SCSC 35
Parties: Petitioner: Suzanne Esparon; Petitioner: Francis Esparon; Respondent: August Denis (Rep. by his executrix Jenny Denis)
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 9 November 2006
Case Number: 381 of 1999
Procedural Posture: Civil / Judgment
Outcome: application for division in kind dismissed
Legal Topics: Division in Kind, Inheritance, Co Ownership, Valuation of Property
Source Language: English

Property Law Succession Law Division in Kind Inheritance Co Ownership Valuation of Property

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Parties

Suzanne Esparon

Petitioner

Francis Esparon

Petitioner

August Denis (Rep. by his executrix Jenny Denis)

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether division in kind of Parcel J 837 is possible or appropriate
2 Whether petitioners should sell their half share or the whole property should be sold and proceeds shared

Ratio Decidendi

Court Disposition

application for division in kind dismissed

Orders

Petitioners to sell their half share to the respondent based on valuation, or alternatively, the whole property to be sold and proceeds shared equally
No order for costs