Yanoos v. Zlard And Others – sllr 2006 volume 1 page 285

In Yanoos v. Zlard and Others, the court addressed whether an old four-storeyed building should be dealt with under the Apartment Ownership Law, No. 11 of 1973, or partitioned and sold under Section 26(2)(b) of the Partition Law. It was determined that registration under the Apartment Ownership Law was not applicable, given the absence of condominium registration and the age of the building. The application of Section 26(2)(b) of the Partition Law was reaffirmed, emphasizing that sale, and not partition among co-owners, was the proper course. The decision reinforced the principle that properties not meeting statutory requirements for condominium status must be sold when partition is not feasible, referencing the relevant substantive statutes and the circumstances of the case.

Somawansa J.