Lepere v Lepere (CS 08/2017) [2020] SCSC 416 (15 January 2020)

The land can be conveniently subdivided as per the proposed plan, and the house cannot be subdivided, so the Respondent is entitled to one third of its value as compensation.

Citation: [2020] SCSC 416
Parties: Petitioner: Daniel Lepere; Respondent: Patrick Lepere
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 15 January 2020
Case Number: CS 08/2017
Procedural Posture: Civil / Judgment
Outcome: Petition allowed in part
Legal Topics: Co Ownership, Division in Kind, Land Subdivision, Compensation for Improvements
Source Language: English

Property Law Co Ownership Division in Kind Land Subdivision Compensation for Improvements

Case Brief

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Parties

Daniel Lepere

Petitioner

Patrick Lepere

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether co-owned land can be conveniently and profitably subdivided in kind
2 Whether the house on the land can be conveniently subdivided or requires compensation

Ratio Decidendi

The land can be conveniently subdivided as per the proposed plan, and the house cannot be subdivided, so the Respondent is entitled to one third of its value as compensation.

Court Disposition

Petition allowed in part

Orders

Land to be subdivided as per the proposed plan within six months, with costs of subdivision shared equally
Petitioner to pay Respondent SR 262,060 as his share of the house within six months