{"kind":"expression","expression":{"expr_id":"655","doc_id":"655","label":"2025 Revision","is_as_enacted":"f","commenced_on":"2025-02-06","superseded_on":null,"valid_from":"2025-02-06","valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/act\/1964\/117\/eng@2025-02-06","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/act\/1964\/117\", \"expression\": \"\/akn\/ky\/act\/1964\/117\/eng@2025-02-06\", \"manifestation\": \"\/akn\/ky\/act\/1964\/117\/eng@2025-02-06.pdf\"}, \"pdf\": {\"md5\": \"86ae3f7701b6c58552488fafcdebaf1e\", \"path\": \"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/1964\/1964-0117\/1964-0117_2025 Revision.pdf\", \"pages\": 16, \"filename\": \"1964-0117_2025 Revision.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 3212, \"paragraph_count\": 19, \"text_char_count\": 20104}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"SCHEDULE Summons to Witnesses ENDNOTES Partition Act (2025 Revision) (2025 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title 1. This Act may be cited as the Partition Act (2025 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Definitions and interpretation 2. (1) In this Act \u2014 \u201caction\u201d includes a suit; \u201cJudge\u201d means a Judge of the Grand Court; \u201cjudgment\u201d includes a decree or order; and \u201cthe Court\u201d means the Grand Court. (2) For the purposes of this Act, an action for partition shall include an action for sale and distribution of the proceeds; and in an action for partition it shall be sufficient to claim a sale and distribution of the proceeds, and it shall not be necessary to claim a partition. Partition Act (2025 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Power of Court to direct sale instead of division 3. In a suit of partition, where, if this Act had not been passed, a decree for partition might have been made, then if it appears to the Court that by reason of the nature of the property to which the suit relates, the number of the parties interested or presumptively interested therein, the absence or disability of some of those parties or any other circumstance, a sale of the property and a distribution of the proceeds would be more beneficial for the parties interested than a division of the property between or among them, the Court may, if it thinks fit, on the request of any of the parties interested, and notwithstanding the dissent or disability of any others of them, direct a sale of the property accordingly, and may give all necessary or proper consequential directions.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Sale on application of parties interested to the extent of one moiety 4. In a suit for partition, where, if this Act had not been passed, a decree for partition might have been made, then if the party or parties interested, individually or collectively, to the extent of one moiety or upwards in the property to which the suit relates, requests the Court to direct a sale of the property, and a distribution of the proceeds, instead of a division of the property between or among the parties interested, the Court shall, unless it sees good reason to the contrary, direct a sale of the property accordingly, and give all necessary or proper consequential directions.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Purchase of share of party desiring sale 5. In a suit for partition, where, if this Act had not been passed, a decree for partition might have been made, then if any party interested in the property to which the suit relates requests the Court to direct a sale of the property and a distribution of the proceeds instead of a division of the property between or among the parties interested, the Court may, if it thinks fit, unless the other parties interested in the property, or some of them, undertake to purchase the share of the party requesting a sale, direct a sale of the property, and give all necessary or proper consequential directions, and in case of such undertaking being given the Court may order a valuation of the share of the party requesting a sale in such manner as the Court thinks fit, and may give all necessary or proper consequential directions.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Request for sale or undertaking to purchase on behalf of persons under disability 6. In an action for partition a request for sale may be made, or an undertaking to purchase given, on the part of an infant, person of unsound mind or person under any other disability, by the next friend, guardian or other person authorised to act on behalf of the person under such disability; but the Court shall not be bound to comply with any such request or undertaking on the part of any infant unless it appear that the sale or purchase will be for that infant\u2019s benefit. Partition Act (2025 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Terms on which parties interested may bid 7. On any sale under this Act, the Court may, if it thinks fit, allow any of the parties interested in the property to bid at the sale on such terms as to non-payment of deposit, or as to setting off, or accounting for the purchase money, or any part thereof, instead of paying the same, or as to any other matters as to the Court seem reasonable.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Parties to partition suits and proceedings therein 8. Any person who, if this Act had not been passed, might have maintained a suit for partition, may maintain such suit against any one or more of the parties interested, without serving the other or others, if any, of those parties; and it shall not be competent to any defendant in the suit to object for want of parties; and at the hearing of the cause the Court may direct such enquiries as to the nature of the property, the persons interested therein and other matters, as it thinks necessary or proper, with a view to an order for partition or sale being made on further consideration; but all persons who, if this Act had not been passed, would have been necessary parties to the suit, shall be served with notice of the decree or order on the hearing, and after such notice shall be bound by the proceedings as if they had been originally parties to the suit, and shall be deemed parties to the suit; and all such persons may have liberty to attend the proceedings; and any such person may, within a time limited by general orders, apply to the Court to add to the decree or order.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Power of Court in certain cases to dispense with service of notice of judgment 9. (1) Where, in an action for partition, it appears to the Court that notice of the judgment on the hearing of the cause cannot be served on all the persons on whom that notice is by this Act required to be served, or cannot be so served without expense disproportionate to the value of the property to which the action relates, the Court may, if it thinks fit, on the request of any of the parties interested in the property, and notwithstanding the dissent or disability of any others of them, by order dispense with that service on any person or class of persons specified in the order, and instead thereof may direct advertisements to be published, at such times and in such manner as the Court shall think fit, calling upon all persons claiming to be interested in such property who have not been so served to come in and establish their respective claims in respect thereof, before a Judge in Chambers, within a time to be thereby limited. (2) After the expiration of the time so limited, all persons who shall not have so come in and established such claims, whether they are within or without the jurisdiction of the Court (including persons under any disability), shall be bound by the proceedings in the action as if, on the day of the date of the order dispensing with service, they had been served with notice of the judgment service whereof is dispensed with; and thereupon the powers of the Court under section 10 shall extend to the interests of all such persons in the property to which the action relates as if they had been parties to the action; and the Court Partition Act (2025 Revision) may, if it shall think fit, direct a sale of property, and give all necessary or proper consequential directions.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Power to declare parties trustees, and to make orders thereon 10. Where any decree shall be made in any partition suit for a sale or partition of any lands, it shall be lawful for the Court to declare that any party to the suit wherein such decree is made, is a trustee of such lands, or of any part thereof, and thereupon it shall be lawful for the Court to make such orders as to such trustees and lands as it might make concerning any other trustees or lands held in trust.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Provisions as to proceeds of sales of property where service of notice is dispensed with 11. Where an order is made under this Act dispensing with service of notice on any person or class of persons, and property is sold by order of the Court \u2014 (a) the proceeds of sale shall be paid into Court to abide with further order of the Court; (b) the Court shall, by order, fix a time at the expiration of which the proceeds will be distributed, and may, from time to time, by further order, extend that time; (c) the Court shall direct such notices to be given, by advertisements or otherwise, as it thinks best adapted for notifying to any persons on whom service is dispensed with, who may not have previously come in and established their claims, the fact of the sale, the time of the intended distribution and the time within which a claim to participate in the proceeds must be made; (d) if, at the expiration of the time so fixed or extended, the interests of all the persons or classes of persons interested have been ascertained, the Court shall distribute the proceeds in accordance with the rights so ascertained; and (e) if, at the expiration of the time so fixed or extended, the interests of all the persons interested have not been ascertained, and it appears to the Court that they cannot be ascertained, or cannot be ascertained without expense disproportionate to the value of the property or of the unascertained interests, the Court shall distribute the proceeds in such manner as appears to the Court to be most in accordance with the rights of the persons whose claims to participate in the proceeds have been established, whether all those persons are or are not before the Court, and with such reservations, if any, as to the Court may seem fit in favour of any other persons (whether ascertained or not) who may appear, from the evidence before the Court, to have any prima facie rights which ought to be so provided for, although such rights may not have been fully established, but to the exclusion of all other persons; and thereupon all such other persons shall, by virtue of this Partition Act (2025 Revision) Act, be excluded from participation in those proceeds on the distribution thereof; but, notwithstanding the distribution, any excluded person may recover from any participating person any portion received by that participating person of the share of the excluded person.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"How sale moneys to be paid 12. Any money to be paid under any sale made under this Act, may, if the Court thinks fit so to direct, be paid to any trustees approved by the Court, or be paid into the Treasury to attend the orders of the Court under any law enabling the Court to invest at interest the moneys of suitors as the Court may direct.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Provisions in case of two or more sales of property 13. Where, in an action for partition, two or more sales are made, if any person who has by virtue of this Act been excluded from participation in the proceeds of any of those sales establishes that excluded person\u2019s claim to participate in the proceeds of a subsequent sale, the shares of the other persons interested in the proceeds of the subsequent sale shall abate to the extent, if any, to which they were increased by the non-participation of the excluded person in the proceeds of the previous sale, and shall, to that extent, be applied in or towards payment to that person of the share to which that excluded person would have been entitled in the proceeds of the previous sale if that excluded person\u2019s claims thereto had been established in due time.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Powers and privileges of Commissioners in partition 14. Commissioners appointed by the Court in any suit for partition shall have the powers of a Judge to summon witnesses and to call for the production of books, plans and documents, and to examine witnesses and parties concerned on oath; and no Commissioner shall be liable to any action or suit for any matter or thing done by that person as such Commissioner. All summonses for the attendance of witnesses or other persons, or the production of documents, may be in the Form in the Schedule, and shall be signed by one of the Commissioners, and oaths may be administered by any one of the Commissioners. Partition Act (2025 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Duties of witnesses 15. All persons summoned to attend and give evidence, or to produce books, plans or documents at any sitting of any Commissioners appointed by the Court in any suit for partition, shall be bound to obey the summons served upon them as fully in all respects as witnesses are bound to obey subpoenas issued from the Court. Every person refusing or omitting without sufficient cause to attend at the time and place mentioned in the summons served on that person, and every person attending but leaving the Commission without permission of the Commissioners, or refusing without sufficient cause to answer, or to answer fully and satisfactorily to the best of that person\u2019s knowledge and belief all questions put to that person by or with the concurrence of the Commissioners, or refusing or omitting without sufficient cause to produce any books, plans or documents in that person\u2019s possession or under that person\u2019s control, and mentioned or referred to in the summons served on that person; and every person who, at any sitting of the Commission, wilfully insults any Commissioner, or wilfully interrupts the proceedings of the Commission, commits an offence and is liable on summary conviction to a fine of sixty dollars, and in default of payment to imprisonment, for three months.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Cost of Commissions and witnesses 16. The costs of all proceedings under any Commission shall be in the discretion of the Court, and shall be taxed as other costs are taxed, and the witnesses before the Commissioners shall be entitled to the same remuneration as that to which they would be entitled for giving evidence under similar circumstances in the suit before the Court.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Power as to costs 17. In any suit for partition the Court may make such order respecting costs as it thinks fit.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Power to make general orders, and effect thereof 18. It shall be lawful for the Chief Justice, from time to time, to make general orders for carrying out, in proceedings in the Court, this Act, and such orders may also prescribe the mode in which Commissions under any decree in any partition suit shall be executed, and the number of Commissioners that shall be appointed for executing such Commissions. All such orders shall take effect as general orders of the Court. Partition Act (2025 Revision) SCHEDULE SCHEDULE Summons to Witnesses To A.B. (name of person summoned, and that person\u2019s calling and residence, if known). You are hereby summoned to appear before (here name the Commissioners), appointed by respecting such enquiry. (If the person summoned is to produce any document add) And you are required to bring with you (specify the books, plans and documents required). Therefore fail not at your peril. Publication in consolidated and revised form authorised by the Cabinet this 21st day of January, 2025. Kim Bullings Clerk of the Cabinet Partition Act (2025 Revision) ENDNOTES ENDNOTES Table of Legislation history: SL # Act\/Law # Legislation Commencement Gazette Proc 5\/2020 Proclamation 5 of 2020 - Proclaiming the commencement of Constitution (Amendment) Order UKSI 1283\/2020 30-Nov-2020 GE97\/2020\/s3 UK 1283\/2020 Cayman Islands Constitution (Amendment) Order 3-Dec-2020 GE99\/2020\/p1 56\/2020 Citation of Acts of Parliament Act, 2020 3-Dec-2020 LG89\/2020\/s1 35\/2020 Civil Partnership Law, 2020 4-Sep-2020 LG64\/2020\/s1 Proc 4\/2009 Proclamation 4 of 2009 - Proclaiming the commencement of Constitution Order UKSI 1379\/2009 23-Oct-2009 GE69\/2009\/p7 UK 1379\/2009 Cayman Islands Constitution Order 2009 6-Nov-2009 G14\/2009\/s1 Partition Law (1997 Revision) 2-Feb-1998 G6\/1998\/s14 Cap. 117 Partition Law 1-Jan-1964 Revised Laws of the CI (Vol III \u2013 p.1669) ENDNOTES Partition Act (2025 Revision) Partition Act (2025 Revision) ENDNOTES ENDNOTES Partition Act (2025 Revision) (Price: 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1379) and the Cayman Islands Constitution (Amendment) Order\n2020 (UKSI 2020 No. 1283).\n\nOriginally enacted \u2014\nCap. 117-1st January, 1964.\nLaw 35 of 2020-4th September, 2020\nAct 56 of 2020-7th December, 2020.\n\nOriginally made \u2014\nU.K. Order 2009-10th June, 2009\nU.K. Order 2020-11th November, 2020.\n\nConsolidated and revised this 31st day of December, 2024.\n\nNote (not forming part of this Act): This revision replaces the 1997 Revision which\nshould now be discarded.\n\nPartition Act (2025 Revision)\nArrangement of Sections\n\nc\nRevised as at 31st December, 2024\nPage 3\n\nCAYMAN ISLANDS\n\nPARTITION ACT\n(2025 Revision)\nArrangement of Sections\nSection\nPage\n1.\nShort title ...................................................................................................................................5\n2.\nDefinitions and interpretation .....................................................................................................5\n3.\nPower of Court to direct sale instead of division .........................................................................6\n4.\nSale on application of parties interested to the extent of one moiety ..........................................6\n5.\nPurchase of share of party desiring sale ....................................................................................6\n6.\nRequest for sale or undertaking to purchase on behalf of persons under disability.....................6\n7.\nTerms on which parties interested may bid ................................................................................7\n8.\nParties to partition suits and proceedings therein .......................................................................7\n9.\nPower of Court in certain cases to dispense with service of notice of judgment .........................7\n10.\nPower to declare parties trustees, and to make orders thereon ..................................................8\n11.\nProvisions as to proceeds of sales of property where service of notice is dispensed with ..........8\n12.\nHow sale moneys to be paid ......................................................................................................9\n13.\nProvisions in case of two or more sales of property ...................................................................9\n14.\nPowers and privileges of Commissioners in partition .................................................................9\n15.\nDuties of witnesses .................................................................................................................. 10\n16.\nCost of Commissions and witnesses ........................................................................................ 10\n17.\nPower as to costs .................................................................................................................... 10\n18.\nPower to make general orders, and effect thereof .................................................................... 10\nSCHEDULE\n11\nSummons to Witnesses\n11\nENDNOTES\n13\nTable of Legislation history: ............................................................................................................... 13\n\nPartition Act (2025 Revision)\nSection 1\n\nc\nRevised as at 31st December, 2024\nPage 5\n\nCAYMAN ISLANDS\n\nPARTITION ACT\n(2025 Revision)\n\n1.\nShort title\n1.\nThis Act may be cited as the Partition Act (2025 Revision).\n2.\nDefinitions and interpretation\n2.\n(1) In this Act \u2014\n\u201caction\u201d includes a suit;\n\u201cJudge\u201d means a Judge of the Grand Court;\n\u201cjudgment\u201d includes a decree or order; and\n\u201cthe Court\u201d means the Grand Court.\n(2) For the purposes of this Act, an action for partition shall include an action for\nsale and distribution of the proceeds; and in an action for partition it shall be\nsufficient to claim a sale and distribution of the proceeds, and it shall not be\nnecessary to claim a partition.\n\nSection 3\nPartition Act (2025 Revision)\n\nPage 6\nRevised as at 31st December, 2024\nc\n\n3.\nPower of Court to direct sale instead of division\n3.\nIn a suit of partition, where, if this Act had not been passed, a decree for partition\nmight have been made, then if it appears to the Court that by reason of the nature of\nthe property to which the suit relates, the number of the parties interested or\npresumptively interested therein, the absence or disability of some of those parties or\nany other circumstance, a sale of the property and a distribution of the proceeds would\nbe more beneficial for the parties interested than a division of the property between\nor among them, the Court may, if it thinks fit, on the request of any of the parties\ninterested, and notwithstanding the dissent or disability of any others of them, direct\na sale of the property accordingly, and may give all necessary or proper consequential\ndirections.\n4.\nSale on application of parties interested to the extent of one moiety\n4.\nIn a suit for partition, where, if this Act had not been passed, a decree for partition\nmight have been made, then if the party or parties interested, individually or\ncollectively, to the extent of one moiety or upwards in the property to which the suit\nrelates, requests the Court to direct a sale of the property, and a distribution of the\nproceeds, instead of a division of the property between or among the parties\ninterested, the Court shall, unless it sees good reason to the contrary, direct a sale of\nthe property accordingly, and give all necessary or proper consequential directions.\n5.\nPurchase of share of party desiring sale\n5.\nIn a suit for partition, where, if this Act had not been passed, a decree for partition\nmight have been made, then if any party interested in the property to which the suit\nrelates requests the Court to direct a sale of the property and a distribution of the\nproceeds instead of a division of the property between or among the parties interested,\nthe Court may, if it thinks fit, unless the other parties interested in the property, or\nsome of them, undertake to purchase the share of the party requesting a sale, direct a\nsale of the property, and give all necessary or proper consequential directions, and in\ncase of such undertaking being given the Court may order a valuation of the share of\nthe party requesting a sale in such manner as the Court thinks fit, and may give all\nnecessary or proper consequential directions.\n6.\nRequest for sale or undertaking to purchase on behalf of persons under\ndisability\n6.\nIn an action for partition a request for sale may be made, or an undertaking to purchase\ngiven, on the part of an infant, person of unsound mind or person under any other\ndisability, by the next friend, guardian or other person authorised to act on behalf of\nthe person under such disability; but the Court shall not be bound to comply with any\nsuch request or undertaking on the part of any infant unless it appear that the sale or\npurchase will be for that infant\u2019s benefit.\n\nPartition Act (2025 Revision)\nSection 7\n\nc\nRevised as at 31st December, 2024\nPage 7\n\n7.\nTerms on which parties interested may bid\n7.\nOn any sale under this Act, the Court may, if it thinks fit, allow any of the parties\ninterested in the property to bid at the sale on such terms as to non-payment of deposit,\nor as to setting off, or accounting for the purchase money, or any part thereof, instead\nof paying the same, or as to any other matters as to the Court seem reasonable.\n8.\nParties to partition suits and proceedings therein\n8.\nAny person who, if this Act had not been passed, might have maintained a suit for\npartition, may maintain such suit against any one or more of the parties interested,\nwithout serving the other or others, if any, of those parties; and it shall not be\ncompetent to any defendant in the suit to object for want of parties; and at the hearing\nof the cause the Court may direct such enquiries as to the nature of the property, the\npersons interested therein and other matters, as it thinks necessary or proper, with a\nview to an order for partition or sale being made on further consideration; but all\npersons who, if this Act had not been passed, would have been necessary parties to\nthe suit, shall be served with notice of the decree or order on the hearing, and after\nsuch notice shall be bound by the proceedings as if they had been originally parties\nto the suit, and shall be deemed parties to the suit; and all such persons may have\nliberty to attend the proceedings; and any such person may, within a time limited by\ngeneral orders, apply to the Court to add to the decree or order.\n9.\nPower of Court in certain cases to dispense with service of notice of\njudgment\n9.\n(1) Where, in an action for partition, it appears to the Court that notice of the\njudgment on the hearing of the cause cannot be served on all the persons on\nwhom that notice is by this Act required to be served, or cannot be so served\nwithout expense disproportionate to the value of the property to which the action\nrelates, the Court may, if it thinks fit, on the request of any of the parties\ninterested in the property, and notwithstanding the dissent or disability of any\nothers of them, by order dispense with that service on any person or class of\npersons specified in the order, and instead thereof may direct advertisements to\nbe published, at such times and in such manner as the Court shall think fit,\ncalling upon all persons claiming to be interested in such property who have not\nbeen so served to come in and establish their respective claims in respect thereof,\nbefore a Judge in Chambers, within a time to be thereby limited.\n(2) After the expiration of the time so limited, all persons who shall not have so\ncome in and established such claims, whether they are within or without the\njurisdiction of the Court (including persons under any disability), shall be bound\nby the proceedings in the action as if, on the day of the date of the order\ndispensing with service, they had been served with notice of the judgment\nservice whereof is dispensed with; and thereupon the powers of the Court under\nsection 10 shall extend to the interests of all such persons in the property to\nwhich the action relates as if they had been parties to the action; and the Court\n\nSection 10\nPartition Act (2025 Revision)\n\nPage 8\nRevised as at 31st December, 2024\nc\n\nmay, if it shall think fit, direct a sale of property, and give all necessary or proper\nconsequential directions.\n10.\nPower to declare parties trustees, and to make orders thereon\n10. Where any decree shall be made in any partition suit for a sale or partition of any\nlands, it shall be lawful for the Court to declare that any party to the suit wherein such\ndecree is made, is a trustee of such lands, or of any part thereof, and thereupon it shall\nbe lawful for the Court to make such orders as to such trustees and lands as it might\nmake concerning any other trustees or lands held in trust.\n11.\nProvisions as to proceeds of sales of property where service of notice is\ndispensed with\n11. Where an order is made under this Act dispensing with service of notice on any person\nor class of persons, and property is sold by order of the Court \u2014\n(a)\nthe proceeds of sale shall be paid into Court to abide with further order of\nthe Court;\n(b) the Court shall, by order, fix a time at the expiration of which the proceeds\nwill be distributed, and may, from time to time, by further order, extend\nthat time;\n(c)\nthe Court shall direct such notices to be given, by advertisements or\notherwise, as it thinks best adapted for notifying to any persons on whom\nservice is dispensed with, who may not have previously come in and\nestablished their claims, the fact of the sale, the time of the intended\ndistribution and the time within which a claim to participate in the proceeds\nmust be made;\n(d) if, at the expiration of the time so fixed or extended, the interests of all the\npersons or classes of persons interested have been ascertained, the Court\nshall distribute the proceeds in accordance with the rights so ascertained;\nand\n(e)\nif, at the expiration of the time so fixed or extended, the interests of all the\npersons interested have not been ascertained, and it appears to the Court\nthat they cannot be ascertained, or cannot be ascertained without expense\ndisproportionate to the value of the property or of the unascertained\ninterests, the Court shall distribute the proceeds in such manner as appears\nto the Court to be most in accordance with the rights of the persons whose\nclaims to participate in the proceeds have been established, whether all\nthose persons are or are not before the Court, and with such reservations,\nif any, as to the Court may seem fit in favour of any other persons (whether\nascertained or not) who may appear, from the evidence before the Court,\nto have any prima facie rights which ought to be so provided for, although\nsuch rights may not have been fully established, but to the exclusion of all\nother persons; and thereupon all such other persons shall, by virtue of this\n\nPartition Act (2025 Revision)\nSection 12\n\nc\nRevised as at 31st December, 2024\nPage 9\n\nAct, be excluded from participation in those proceeds on the distribution\nthereof; but, notwithstanding the distribution, any excluded person may\nrecover from any participating person any portion received by that\nparticipating person of the share of the excluded person.\n12.\nHow sale moneys to be paid\n12. Any money to be paid under any sale made under this Act, may, if the Court thinks\nfit so to direct, be paid to any trustees approved by the Court, or be paid into the\nTreasury to attend the orders of the Court under any law enabling the Court to invest\nat interest the moneys of suitors as the Court may direct.\n13.\nProvisions in case of two or more sales of property\n13. Where, in an action for partition, two or more sales are made, if any person who has\nby virtue of this Act been excluded from participation in the proceeds of any of those\nsales establishes that excluded person\u2019s claim to participate in the proceeds of a\nsubsequent sale, the shares of the other persons interested in the proceeds of the\nsubsequent sale shall abate to the extent, if any, to which they were increased by the\nnon-participation of the excluded person in the proceeds of the previous sale, and\nshall, to that extent, be applied in or towards payment to that person of the share to\nwhich that excluded person would have been entitled in the proceeds of the previous\nsale if that excluded person\u2019s claims thereto had been established in due time.\n14.\nPowers and privileges of Commissioners in partition\n14. Commissioners appointed by the Court in any suit for partition shall have the powers\nof a Judge to summon witnesses and to call for the production of books, plans and\ndocuments, and to examine witnesses and parties concerned on oath; and no\nCommissioner shall be liable to any action or suit for any matter or thing done by that\nperson as such Commissioner. All summonses for the attendance of witnesses or other\npersons, or the production of documents, may be in the Form in the Schedule, and\nshall be signed by one of the Commissioners, and oaths may be administered by any\none of the Commissioners.\n\nSection 15\nPartition Act (2025 Revision)\n\nPage 10\nRevised as at 31st December, 2024\nc\n\n15.\nDuties of witnesses\n15. All persons summoned to attend and give evidence, or to produce books, plans or\ndocuments at any sitting of any Commissioners appointed by the Court in any suit for\npartition, shall be bound to obey the summons served upon them as fully in all\nrespects as witnesses are bound to obey subpoenas issued from the Court. Every\nperson refusing or omitting without sufficient cause to attend at the time and place\nmentioned in the summons served on that person, and every person attending but\nleaving the Commission without permission of the Commissioners, or refusing\nwithout sufficient cause to answer, or to answer fully and satisfactorily to the best of\nthat person\u2019s knowledge and belief all questions put to that person by or with the\nconcurrence of the Commissioners, or refusing or omitting without sufficient cause\nto produce any books, plans or documents in that person\u2019s possession or under that\nperson\u2019s control, and mentioned or referred to in the summons served on that person;\nand every person who, at any sitting of the Commission, wilfully insults any\nCommissioner, or wilfully interrupts the proceedings of the Commission, commits\nan offence and is liable on summary conviction to a fine of sixty dollars, and in default\nof payment to imprisonment, for three months.\n16.\nCost of Commissions and witnesses\n16. The costs of all proceedings under any Commission shall be in the discretion of the\nCourt, and shall be taxed as other costs are taxed, and the witnesses before the\nCommissioners shall be entitled to the same remuneration as that to which they would\nbe entitled for giving evidence under similar circumstances in the suit before the\nCourt.\n17.\nPower as to costs\n17. In any suit for partition the Court may make such order respecting costs as it thinks fit.\n18.\nPower to make general orders, and effect thereof\n18. It shall be lawful for the Chief Justice, from time to time, to make general orders for\ncarrying out, in proceedings in the Court, this Act, and such orders may also prescribe\nthe mode in which Commissions under any decree in any partition suit shall be\nexecuted, and the number of Commissioners that shall be appointed for executing\nsuch Commissions. All such orders shall take effect as general orders of the Court.\n\nPartition Act (2025 Revision)\n\nSCHEDULE\n\nc\nRevised as at 31st December, 2024\nPage 11\n\n SCHEDULE\nSummons to Witnesses\nTo A.B. (name of person summoned, and that person\u2019s calling and residence, if known).\nYou are hereby summoned to appear before (here name the Commissioners), appointed by\nthe Grand Court to enquire (state briefly the subject of enquiry) at (place) upon the.............\nday of................................ , 20...........at ........................o\u2019clock, and to give evidence\nrespecting such enquiry.\n(If the person summoned is to produce any document add) And you are required to bring\nwith you (specify the books, plans and documents required). Therefore fail not at your\nperil.\nGiven under the hand of............................................................... , Commissioner,\nthis.................day of............................, 19......................\nPublication in consolidated and revised form authorised by the Cabinet this 21st\nday of January, 2025.\nKim Bullings\nClerk of the Cabinet\n\nPartition Act (2025 Revision)\n\nENDNOTES\n\nc\nRevised as at 31st December, 2024\nPage 13\n\nENDNOTES\nTable of Legislation history:\nSL #\nAct\/Law #\nLegislation\nCommencement\nGazette\nProc\n5\/2020\n\nProclamation 5 of 2020 - Proclaiming the\ncommencement of Constitution (Amendment)\nOrder UKSI 1283\/2020\n30-Nov-2020\nGE97\/2020\/s3\nUK\n1283\/2020\n\nCayman Islands Constitution (Amendment) Order\n2020\n3-Dec-2020\nGE99\/2020\/p1\n\n56\/2020\nCitation of Acts of Parliament Act, 2020\n3-Dec-2020\nLG89\/2020\/s1\n\n35\/2020\nCivil Partnership Law, 2020\n4-Sep-2020\nLG64\/2020\/s1\nProc\n4\/2009\n\nProclamation 4 of 2009 - Proclaiming the\ncommencement of Constitution Order UKSI\n1379\/2009\n23-Oct-2009\nGE69\/2009\/p7\nUK\n1379\/2009\n\nCayman Islands Constitution Order 2009\n6-Nov-2009\nG14\/2009\/s1\n\nPartition Law (1997 Revision)\n2-Feb-1998\nG6\/1998\/s14\n\nCap. 117\nPartition Law\n1-Jan-1964 Revised Laws of the\nCI (Vol III \u2013 p.1669)\n\nENDNOTES\nPartition Act (2025 Revision)\n\nPage 14\nRevised as at 31st December, 2024\nc\n\nPartition Act (2025 Revision)\n\nENDNOTES\n\nc\nRevised as at 31st December, 2024\nPage 15\n\nENDNOTES\nPartition Act (2025 Revision)\n\nPage 16\nRevised as at 31st December, 2024\nc\n\n(Price: $3.20)","akn_extracted_at":"2026-06-22 15:36:21.742764+00","cms_id":"1964-0117","law_type":"principal","year":"1964","number":"117","title":"Partition Act","status":"in_force"},"provenance":{"files":[{"file_id":"5776","expr_id":"655","kind":"akn_xml","filename":"1964-0117_2025 Revision.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/1964\/1964-0117\/1964-0117_2025 Revision.akn.xml","content_md5":"434f3a32f9c414c422b04e5a4a2300fa","byte_size":"20268","http_last_modified":null,"fetched_at":"2026-06-22 15:36:22.079073+00"},{"file_id":"1309","expr_id":"655","kind":"pristine_pdf","filename":"1964-0117_2025 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/1964\/1964-0117\/1964-0117_2025 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/PRINCIPAL\/1964\/1964-0117\/1964-0117_2025 Revision.pdf","content_md5":"86ae3f7701b6c58552488fafcdebaf1e","byte_size":"419335","http_last_modified":null,"fetched_at":"2026-06-21 23:09:36.492595+00"},{"file_id":"1310","expr_id":"655","kind":"working_pdf","filename":"1964-0117_2025 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/1964\/1964-0117\/1964-0117_2025 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/1964\/1964-0117\/1964-0117_2025 Revision.pdf","content_md5":"86ae3f7701b6c58552488fafcdebaf1e","byte_size":"419335","http_last_modified":null,"fetched_at":"2026-06-21 23:09:36.492595+00"}],"paragraph_count":10,"latest_history":null},"quality":{"expr_id":"655","doc_id":"655","quality_state":"needs_review","quality_score":"84","needs_human_review":"t","deterministic_categories":"{duplicate_text,page_header_footer_noise}","llm_categories":"{truncated_text,other}","repair_actions":"{collapse_duplicate_text,manual_review,reextract_full_text,strip_page_furniture}","finding_severity_counts":"{\"low\": 1, \"medium\": 1}","finding_summary":"Sample shows likely truncation of Section 6 and stray price note; review extraction completeness and contamination.","assessed_at":"2026-06-22 15:29:45.207849+00","updated_at":"2026-06-22 15:29:45.207849+00"}}