Li Chen Ling Kaw v Societe Piang Sang Pere et Fils and another (Mauritius)

Li Chen Ling Kaw v Societe Piang Sang Pere et Fils and another (Mauritius)

The issues could not be resolved without a factual inquiry into whether the appellant had acquired an interest as tenant by inference from the parties' conduct. The absence of a written lease or trade licence in the appellant's name did not preclude her from being a tenant. The magistrate's dismissal of the action without hearing evidence was premature. The case was remitted for trial to determine the facts.

Parties
Appellant: Li Chen Ling Kaw; First Respondent: Societe Piang Sang Pere et Fils; Second Respondent: Chong Fee Ng Wong
Jurisdiction
England and Wales
Judgment Date
23 May 2012
Procedural Posture
Civil Appeal / Appeal to the Judicial Committee of the Privy Council From the Supreme Court of Mauritius
Outcome
Appeal allowed; magistrate's order dismissing the action set aside; case remitted for trial.
Legal Topics
Tenancy Rights, Tierce Opposition, Community of Property, Fraud and Collusion, Procedural Fairness
Landlord and Tenant Family Law Civil Procedure Tenancy Rights Tierce Opposition Community of Property Fraud and Collusion Procedural Fairness

Case Brief

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Parties

Li Chen Ling Kaw

Appellant

Societe Piang Sang Pere et Fils

First Respondent

Chong Fee Ng Wong

Second Respondent

Procedural Posture

Civil Appeal / Appeal to the Judicial Committee of the Privy Council From the Supreme Court of Mauritius

Legal Issues

  1. 1 Whether the appellant has a right as tenant to occupy the premises and thus standing to bring a tierce opposition against the judgment for eviction
  2. 2 Whether the agreement between the first and second respondent was entered into in fraud or collusion prejudicing the appellant's rights
  3. 3 Whether the absence of a written tenancy agreement or trade licence in the appellant's name precludes her from being recognised as a tenant

Ratio Decidendi

The issues could not be resolved without a factual inquiry into whether the appellant had acquired an interest as tenant by inference from the parties' conduct. The absence of a written lease or trade licence in the appellant's name did not preclude her from being a tenant. The magistrate's dismissal of the action without hearing evidence was premature. The case was remitted for trial to determine the facts.

Court Disposition

Appeal allowed; magistrate's order dismissing the action set aside; case remitted for trial.

Orders

  • Case remitted to the District Court for hearing and evidence.
  • Appellant to pay Rs 60,000 into the Supreme Court of Mauritius as a condition for trial.