CAP. 352]
(Cap. 4.)
2N272/70
Partition of property in land.
1540 c. 32, s. 2.
Partition
(3) The filing of a memorandum under this section-
(a) shall not operate to prevent the making of—
[1987 Ed.
(i) an interlocutory order for an injunction or for the appointment of a receiver or manager or receiver and manager; or
(ii) any other order which, in the opinion of a judge, is necessary to prevent an irremediable injustice;
(b) unless otherwise ordered by a judge, shall not operate to prevent the institution or continuance of proceedings to obtain, enforce or otherwise carry into effect any order mentioned in paragraph (a) or a decree to the like effect.
(4) The period for which proceedings are stayed by virtue of this section may be reduced or extended by order of a judge.
(5) The powers of a judge under this section in relation to a memorandum may be exercised by the Registrar, subject to any provisions in the Supreme Court Ordinance or rules made thereunder in respect of the jurisdiction of the Registrar in proceedings for the grant of an injunction.
(6) In this section-
"judge", in relation to proceedings, means a judge of the court in which the proceedings are pending; and
“Registrar” means the Registrar of the Supreme Court and includes a deputy or assistant registrar.
4.
(Added, 19 of 1987, s. 4)
(1) In any proceedings instituted under this Ordinance the Court may, subject to subsection (2), make an order for the partition of property in land in any of the following ways-
(a) into parcels held by single owners in severalty;
(b) into parcels held by 2 or more owners as joint tenants;
(c) into parcels held by 2 or more owners as tenants in common,
and may partition the property in all those ways or in any combination of them and give all necessary or proper consequential directions.
(2) Where there is a building on any land, the Court shall not partition the property in that land so that part only of a building stands on any parcel into which the property in the land is partitioned unless that part of the building is self-contained and is not connected to the remainder of the building otherwise than by a party-wall or a mutual staircase, or both.
(3) No order for partition shall prejudice any person other than a party to the proceedings.
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