Ivan William Charles McKee and Robert John Pentland McKee (otherwise known as Robin McKee)
| Jurisdiction | Northern Ireland |
| Judge | Sir Girvan |
| Judgment Date | 08 April 2022 |
| Neutral Citation | [2022] NICh 6 |
| Court | Chancery Division (Northern Ireland) |
| Date | 08 April 2022 |
1
Neutral Citation No: [2022] NICh 6
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: GIR11798
ICOS No:
Delivered: 08/04/2022
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
___________
CHANCERY DIVISION
___________
Between:
IVAN WILLIAM CHARLES McKEE
Plaintiff
and
ROBERT JOHN PENTLAND McKEE
(otherwise known as Robin McKee)
Defendant
___________
SIR PAUL GIRVAN
Introduction
[1] By Writ of Summons issued on 1 December 2016 the plaintiff claimed an
order for the dissolution and winding up of a partnership made between the
plaintiff and his father, the defendant, trading as R McKee & Sons. At the heart of
his claim he seeks a declaration that the lands of the plaintiff and the defendant
(which were admittedly used and farmed together by the plaintiff and the defendant
from the commencement of an admitted partnership until its termination)
constituted partnership assets. The lands were agricultural lands and used for the
growing of potatoes, various types of vegetables and other crops. The lands are
located in the North Down area renowned, in particular, for the growing of Comber
potatoes.
[2] If the plaintiff is correct in this claim it would follow that in winding up the
affairs of the partnership those lands would have to be sold and the moneys raised
would have to be included in the partnership assets to be divided equally between
the plaintiff and the defendant after discharge of partnership debts and liabilities
and after finalisation of accounts of sums due by or to either or both partners. The
plaintiff in his writ seeks in the alternative a declaration that the lands are held on a
joint tenancy or tenancy in common and a declaration that the plaintiff has a
beneficial half interest in the lands.
To continue reading
Request your trial