Gabriel Michel & Ors V. Frederick & Ors (1944)

LawGlobal Hub Judgment Report – West African Court of Appeal

Land—Lease—assignment—partition or sale.

Facts

By a Lease Executrices-Trustees demised certain premises to Elias J. Moubarak and the Defendants-Respondents F. & M. Khoury. By deed of assignment Elias J. Moubarak assigned his one-half undivided interest and share in the lease-hold premises to the Plaintiffs-Appellants, who then gave notice to the tenants and the Defendants-Respondents of intention to occupy ; but the Defendants-Respondents objected to occupation and use, or to partition. Judgment was given for sale of Plaintiffs-Appellants share in the property ; the Defendants-Respondents to have first option of purchase.

Held

Plaintiffs-Appellants had right to insist on partition. Difficulty of partition is no reason for refusing it.
Held further that sections 2, 3 and 4 of the Partition Act, 1868 (31 8c 32 Vict. c.40) have no application because they depend upon request from party having the right to make it, and here there was no such request.

Appeal allowed.