PARTITION ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

      Action for partition to include action for sale

   3   Power of Court to direct sale instead of division

   4   Sale on application of parties interested to the extent of one moiety

   5   As to purchase of share of party desiring sale

   6   As to request for sale or undertaking to purchase on behalf of persons under disability

   7   As to terms on which parties interested may bid

   8   Parties to partition suits; and proceedings therein

   9   Power to Court in certain cases to dispense with service of notice of judgment

   10   Power to declare parties trustees; and to make orders thereon

   11   Provisions as to proceeds of sales of property where service of notice is dispensed with

   12   How sale moneys to be paid

   13   Provisions in case of two or more sales of property

   14   Jurisdiction of Resident Magistrates, Courts in partition cases

   15   Powers and privileges of Commissioners in partition

      Form of summons

   16   Duties of witnesses

   17   Costs of commissions and witnesses

   18   Power as to costs

   19   Power to make rules of Court, and effect thereof

      SCHEDULE

 

THE PARTITION ACT

[Date of Commencement: 15 June, 1873]

Cap 279.

Acts
33 of 1965,
6 of 1987,
32 of 1995.

LN 8/1999.

1   Short title

   This Act may be cited as the Partition Act.

2   Interpretation

   (1) In this Act-

   "action" includes a said,

   "judgement" includes" a decree or order;

   "the Court," means the Supreme Court or a Resident Magistrate's Court of a parish, within their respective jurisdictions.

   (2)Action for partition to include action for sale.

   For the purposes of this Act, an action for partition shall include an action for sale and distribution of the proceeds; and in an action for partition it shall be sufficient to claim a sale and distribution of the proceeds, and it shall not be necessary to claim a partition.

3   Power of Court to direct sale instead of division

   In a suit of partition, where, if this Act had not been passed, a decree for partition might have been made, then if it appears to the Court that by reason of the nature of the property to which the suit relates, or of the number of the parties interested or presumptively interested therein, or of the absence or disability of some of those parties, or of any other circumstance, a sale of the property and a distribution of the proceeds would be more beneficial for the parties interested than a division of the property between or among them, the Court may, if it thinks fit, on the request of any of the parties interested, and notwithstanding the dissent or disability of any others of them, direct a sale of the property accordingly, and may give all necessary or proper consequential directions.

4   Sale on application of parties interested to the extent of one moiety

   In a suit for partition, where, if this Act had not been passed, a decree for partition might have been made, then if the party or parties interested, individually or collectively, to the extent of one moiety or upwards in the property to which the suit relates, request the Court to direct a sale of the property, and a distribution of the proceeds, instead of a division of the property between or among the parties interested, the Court shall, unless it sees good reason to the contrary, direct a sale of the property accordingly, and give all necessary or proper consequential directions.

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