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