WONG KIN KEUNG, the executor of the estate of WONG SHUI FUN, deceased AND ANOTHER v. CHAN YAU KAI AND ANOTHER

WONG KIN KEUNG, the executor of the estate of WONG SHUI FUN, deceased AND ANOTHER v. CHAN YAU KAI AND ANOTHER

Leave granted to correct an accidental omission in a default judgment under the slip rule because the pleaded facts established simultaneous exclusive possession by both plaintiffs such that they acquired title as joint tenants, and amendment causes no prejudice.

Citation
[2020] HKCFI 552
Parties
1st Plaintiff: WONG KIN KEUNG, the executor of the estate of WONG SHUI FUN, deceased; 2nd Plaintiff: WONG KIN KEUNG; 1st Defendant: CHAN YAU KAI; 2nd Defendant: TANG KWAI
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 April 2020
Case Number
HCA2952/2015
Procedural Posture
Adverse Possession / Post Judgment Amendment Application
Outcome
Leave granted to amend the judgment to specify that the plaintiffs hold the land as joint tenants.
Legal Topics
Adverse Possession, Limitation Ordinance S7(2) and S17, Joint Tenancy, Slip Rule Order 20 Rule 11
Source Language
EN
Property Law Limitation Law Civil Procedure Adverse Possession Limitation Ordinance S7(2) and S17 Joint Tenancy Slip Rule Order 20 Rule 11

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Parties

WONG KIN KEUNG, the executor of the estate of WONG SHUI FUN, deceased

1st Plaintiff

WONG KIN KEUNG

2nd Plaintiff

CHAN YAU KAI

1st Defendant

TANG KWAI

2nd Defendant

Procedural Posture

Adverse Possession / Post Judgment Amendment Application

Legal Issues

  1. 1 Whether the plaintiffs acquired title to the land by adverse possession under the Limitation Ordinance
  2. 2 Whether concurrent occupiers hold title as joint tenants or tenants in common
  3. 3 Whether the default judgment can be amended under the slip rule to specify joint tenancy

Ratio Decidendi

Leave granted to correct an accidental omission in a default judgment under the slip rule because the pleaded facts established simultaneous exclusive possession by both plaintiffs such that they acquired title as joint tenants, and amendment causes no prejudice.

Court Disposition

Leave granted to amend the judgment to specify that the plaintiffs hold the land as joint tenants.

Orders

  • Leave granted to amend paragraph 1(3) of the judgment to state that the plaintiffs hold the land as joint tenants pursuant to the slip rule (Order 20, rule 11, Rules of the High Court).