Sapin Singho v. Luwis Singho and Others – sllr 2002 volume 3 page 271

In the case between Sapin Singho (Plaintiff-Appellant) and Luwis Singho and Others (Defendant-Respondents), the court addressed the question of whether a party, including an intervenient, is entitled to prove title to an unallotted share after the interlocutory decree and at the stage of the final decree, under the provisions of the Partition Law, No. 21 of 1997 (particularly sections 48, 48(4) and 48(4)(a)). The findings established that the right to prove title to such unallotted shares is recognised, notwithstanding the lack of an express statutory provision, in accordance with judicial practice and prior authorities. The decision reaffirmed the principle that the partition process remains open to the proof of additional interests even after the interlocutory stage. Guidance was derived

REF: sllr 2002 volume 3 page 271 Category: Tag:
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