EASE KIND DEVELOPMENT LTD v. LAND SOURCE INVESTMENT LTD

EASE KIND DEVELOPMENT LTD v. LAND SOURCE INVESTMENT LTD

The court held that the plaintiff had established good title to RP of IL 2670 by documentary evidence up to Madam Leung together with adverse possession (as declared in HCMP 412/2011) which, under the Limitation Ordinance, ousted the estate's title; the assignment dated 30 June 1984 was treated as valid on the evidence and any licence would have been bare and ended on death; accordingly the defendant's requisition failed and specific performance of the sale was ordered.

Citation
EASE KIND DEVELOPMENT LTD v. LAND SOURCE INVESTMENT LTD
Parties
Plaintiff (vendor): Ease Kind Development Limited; Defendant (purchaser): Land Source Investment Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 July 2013
Case Number
HCMP2003/2012
Procedural Posture
Vendor and Purchaser Summons (conveyancing and Property Ordinance S12) / Judgment of the Court of First Instance
Outcome
Plaintiff's title to RP of IL 2670 declared good; sale and purchase agreement specifically performed in favour of the defendant.
Legal Topics
Adverse Possession, Possessory Title, Specific Performance, Capacity to Execute Conveyance, Licence Vs Adverse Possession
Source Language
EN
Property Law Conveyancing Land Title Limitation Law Adverse Possession Possessory Title Specific Performance Capacity to Execute Conveyance +1 more

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Parties

Ease Kind Development Limited

Plaintiff (vendor)

Land Source Investment Limited

Defendant (purchaser)

Procedural Posture

Vendor and Purchaser Summons (conveyancing and Property Ordinance S12) / Judgment of the Court of First Instance

Legal Issues

  1. 1 Whether the plaintiff has good title to RP of IL 2670
  2. 2 Whether adverse possession under the Limitation Ordinance defeats the estate of Madam Leung
  3. 3 Whether the assignment dated 30 June 1984 was valid given alleged senile dementia

Ratio Decidendi

The court held that the plaintiff had established good title to RP of IL 2670 by documentary evidence up to Madam Leung together with adverse possession (as declared in HCMP 412/2011) which, under the Limitation Ordinance, ousted the estate's title; the assignment dated 30 June 1984 was treated as valid on the evidence and any licence would have been bare and ended on death; accordingly the defendant's requisition failed and specific performance of the sale was ordered.

Court Disposition

Plaintiff's title to RP of IL 2670 declared good; sale and purchase agreement specifically performed in favour of the defendant.

Orders

  • Declaration that the plaintiff has good title to RP of IL 2670 (as addressed in HCMP 412/2011)
  • Decree that the sale and purchase agreement dated 31 July 2012 be specifically performed