CAP. 352]
Partition
272/90
[1987 Ed.
Originally 36 of 1969.
2 of 1972.
6 of 1979.
L.N. 20/79. 79 of 1981.
19 of 1987.
CHAPTER 352
PARTITION
To amend the law relating to the partition and sale of property in land under co-ownership.
[4 July 1969.]
Short title.
Interpretation.
1. This Ordinance may be cited as the Partition Ordinance.
1A. In this Ordinance, unless the context otherwise requires-
"Court" means the High Court or the District Court;
"Director" means the Director of Buildings and Lands;
"Partition Rules" means rules made under section 10.
(Added, 19 of 1987, s. 2)
Power to order partition or sale of property in land.
[cf. 1540 c. 32, s. 1.]
Institution of proceedings and parties thereto.
(Cap. 352, sub. leg.)
[cf. 1868 c. 40, s. 9.]
[cf. 1868 c. 40, s. 9.]
2. Subject to this Ordinance, where any property in land is held by 2 or more persons, whether as joint tenants or as tenants in common, the Court may-
(a) make an order under section 4 for a partition of the property;
(b) make an order under section 6 for a sale of the property; or
(c) refuse to make any order.
3.
(1) Where any property in land is held in the manner referred to in section 2, any person interested in such property may institute proceedings in the Court under this Ordinance by way of an action for partition or sale.
(2) In any proceedings under this Ordinance the Director shall be served with such documents relating to the proceedings as may be prescribed by the Partition Rules. (Added, 19 of 1987, s. 3)
(3) Subject to subsection (2), proceedings under this Ordinance may be instituted against one or more of the persons interested without serving the other or others, and no defendant may object for want of parties. (Amended, 19 of 1987, s. 3)
(4) At the hearing of the proceedings the Court may direct such inquiries as to the nature of the property, the persons interested therein and such other matters as it thinks necessary or proper, and it may add any person as a party whose presence before the Court is considered desirable; and where a person is added as a party by the Court under this subsection, the person having the conduct of the proceedings shall serve notice of the addition on the Director. (Amended, 19 of 1987, s. 3)
2
CAP. 352]
Partition
272/90
[1987 Ed.
Originally 36 of 1969.
2 of 1972.
6 of 1979.
L.N. 20/79. 79 of 1981.
19 of 1987.
CHAPTER 352
PARTITION
To amend the law relating to the partition and sale of property in land
under co-ownership.
[4 July 1969.]
Short title.
Interpretation.
1. This Ordinance may be cited as the Partition Ordinance.
1A. In this Ordinance, unless the context otherwise requires-
"Court" means the High Court or the District Court;
"Director" means the Director of Buildings and Lands;
"Partition Rules" means rules made under section 10.
(Added, 19 of 1987, s. 2)
Power to order partition or sale of property in land.
[cf. 1540 c. 32, s. 1.]
Institution of proceedings and parties thereto.
(Cap. 352, sub. leg.)
[cf. 1868 c. 40, s. 9.]
[cf. 1868 c. 40, s. 9.]
2. Subject to this Ordinance, where any property in land is held by 2 or more persons, whether as joint tenants or as tenants in common, the Court may-
(a) make an order under section 4 for a partition of the
property;
(b) make an order under section 6 for a sale of the property; or
(c) refuse to make any order.
3.
(1) Where any property in land is held in the manner referred to in section 2, any person interested in such property may institute proceedings in the Court under this Ordinance by way of an action for partition or sale.
(2) In any proceedings under this Ordinance the Director shall be served with such documents relating to the proceedings as may be prescribed by the Partition Rules. (Added, 19 of 1987, s. 3)
(3) Subject to subsection (2), proceedings under this Ordin- ance may be instituted against one or more of the persons interested without serving the other or others, and no defendant may object for want of parties. (Amended, 19 of 1987, s. 3)
(4) At the hearing of the proceedings the Court may direct such inquiries as to the nature of the property, the persons interested therein and such other matters as it thinks necessary or proper, and it may add any person as a party whose presence before the Court is considered desirable; and where a person is added as a party by the Court under this subsection, the person having the conduct of the proceedings shall serve notice of the addition on the Director. (Amended, 19 of 1987, s. 3)
No comments yet.
Private notes are available after approval.