The Weekly Law Reports
[2015] 3 WLR 1495
Court of Appeal
Bagum v Hafiz and another
[2015] EWCA Civ 801
2015 July 15;
22
Lord Dyson MR, Briggs, Bean LJJ
Trust of land— Sale— Court’s powers— Family members owning property as beneficial tenants in common in three equal shares— After family dispute one co-owner seeking order for sale by second co-owner of interest to third co-owner— Judge declining to make order sought for want of jurisdiction but directing that property be sold with second co-owner first having opportunity to purchase property at price determined by court on valuation evidence— Whether jurisdiction to make either order— Whether discretion properly exercised—
Trusts of Land and Appointment of Trustees Act 1996 (c 47), ss 14, 15