Section 109: Rejection of division in kind
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
109. Rejection of division in kind
The Master may, after hearing the parties, and without previous appraisement (expertise), refuse the application for a division in kind where—
(a) the rights of the parties are not liquidated;
(b) it appears to him that the property cannot be conveniently divided in kind; or
(c) it is shown to his satisfaction that the costs of the proceedings
for a division in kind, including any later and consequent proceedings of mise en règle, would be excessive, taking into consideration the value of the property.
[Issue 1] S3 – 26
Revised Laws of Mauritius
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Questions this section answers
- Why might a court refuse to physically divide co-owned property and order it sold instead?
- Can the cost of dividing property be a reason to refuse the division and order a sale instead?