Uganda Case Law

Patel v Patel

Patel v Patel (Civil Appeal No. 13 of 1939) [1939] EACA 48 (1 January 1939)

Court

East African Court of Appeal

Case number

Civil Appeal No. 13 of 1939

Judge

Law, C.J (Zanzibar), Sheridan, (C.J. Kenya), Whitley CJ

The Court of Appeal held that under section 4 of the Partition Act, 1868, a co-owner of a moiety or more is entitled as of right to a sale in lieu of partition unless the opposing party can show good reason to the contrary. The burden of proof lies with the party resisting the sale. In this case, the respondent failed to provide sufficient evidence of good reason against the sale; mere suitability for partition, convenience, or continuous residence do not meet the statutory threshold. The court emphasized that the statutory right to sale cannot be overridden by such factors, and the responden…

Source excerpt

• Partition Of Property
• Co-ownership Rights
• Statutory Right Of Sale
• Burden Of Proof