Property Law

Barrado v Labonté (MC53/2017) [2019] SCSC 657 (31 July 2019);

search_summary: 

Property law: Division in kind – approval of proposed subdivision –order accordingly.

TWOMEY CJ

1.     Section 107(2) of the Immovable Property (Judicial Sales) Act (Cap 94) provides that:

“Any co-owner of an immovable property may also by petition to a judge ask that the property be divided in kind or, if such division is not possible, that it be sold by licitation.”

 

2.               In this regard, the Applicant applied in August 2017 for the partition of Parcel T 1379 in which he had an undivided half share with the Respondent. His application is comprised of only four paragraphs, namely that:

Figaro v Mathiot (CS 115/2017) [2019] SCSC 596 (15 July 2019);

VIDOT J 

[1] The Plaintiff and the Defendant are co-owners in indivision of a parcel of land on which a house is situated. This is land title 8806 (hereafter "the Property"). The land and house were purchased and funded by a loan from the Housing Finance Company (hereafter "HFC'). It is the Plaintiff's contention that he solely repaid the loan and that payment has been completed. This was deducted directly from his salary. The Defendant on the other hand bought furniture that is found in the house. 

Walsh v Weller & Ors (MA 177/2018) [2019] SCSC 346 (23 April 2019);

ANDRE J

[1]        This Ruling arises out of an application of validation of a moveable property under section 248 of the Seychelles Code of Civil Procedure (Cap 213) (“the Code”) of       the 11th July 2018 and filed on the 12th day of July 2018 as against Nathalie Weller (born Hoareau) (“Judgment debtor”), Mauritius Commercial Bank (“1st Garnishee”), Victoria law Firm represented by Frank Elizabeth (“2nd Garnishee”) and Arriva Real Estate (“3rd Garnishee”).

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