Lewishamy vs Tambyhamy – clr volume 1 page 058

In the case between Babona (intervenient appellant) and parties to a partition suit (including the present plaintiff), the court addressed whether the English practice of staying further proceedings due to non-payment of costs in a previous action applies to interventions in partition suits. It was held that such a stay should not prevent an interested party from intervening in a partition action, reaffirming the principle that the unique statutory and equitable character of partition proceedings demands that all persons interested in the land be granted a hearing in the suit. Reliance was placed on the requirements imposed by the Partition Ordinance, with emphasis on the necessity to include all interested parties and the risk of irreparably harming a party’s rights through the strict app