JUDGMENT

Choong Yeow Choy JC:

Introduction

[1] The distinctiveness of this case stems from the fact that the six siblings concerned are not fighting over their shares in their late parents' estate. Their shares and entitlement are not in dispute. The overriding disagreement relates to the question of whether the estate in the form of a piece land jointly owned by the six siblings ought to be disposed of or that they should continue to hold the said land as co-proprietors.

[2] The Plaintiff has commenced this Originating Summons application seeking an order for the said land to be sold pursuant to s 145(2)(c) of the National Land Code and O 31 of the Rules of 2012. Of the five Defendants, only three of the five Defendants are fervently contesting the application

The Prevailing Issue

[3] The central issue in this Originating Summons is whether this is a proper case for this Court to exercise its discretion to terminate the co-proprietorship pursuant to s 145(2)(c) of the National Land Code and direct that the said land be sold pursuant to O 31 of the Rules of 2012.

The Parties

[4] The Plaintiff and the Defendants are siblings.

[5] The Plaintiff and the First, Second and Third Defendants a