YEUNG, ABRAHAM v. SUN KING KAI

YEUNG, ABRAHAM v. SUN KING KAI

The claimant failed to prove by clear and compelling evidence the requisite exclusive factual possession and intention to possess to extinguish the registered owner's paper title; the court found on the evidence that Kong had dedicated the Flats for religious purposes and that the Flats are subject to a charitable...

Source-derived case information.

Citation
[2022] HKCFI 1239
Parties
Plaintiff (original Action); 1st Defendant (counterclaim): YEUNG, ABRAHAM; Defendant (original Action); Plaintiff (counterclaim): SUN KING KAI also known as DEBORAH KING KAI SUN (Executrix of the estate of KONG TUEN YEE); 2nd Defendant (counterclaim): All occupiers of the Flats; 3rd Defendant (counterclaim): The Secretary for Justice
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 April 2022
Case Number
HCA413/2015
Procedural Posture
Adverse Possession Claim by Occupier; Counterclaim for Vacant Possession and Declaration of Charitable Trust / Judgment (court of First Instance, 28 April 2022)
Outcome
Claim by Yeung dismissed; judgment on counterclaim for vacant possession and injunctions in favour of the estate of Kong (Sun as executrix); declaration of charitable trust not granted in this action
Legal Topics
Adverse Possession, Charitable Trust, Declaration of Trust, Statute of Frauds / Formalities for Trust of Land, Limitation Period, Injunctions, Probate Administration
Source Language
en
Property Trusts and Equity Charity Law Probate Civil Litigation Adverse Possession Charitable Trust Declaration of Trust +4 more

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Parties

YEUNG, ABRAHAM

Plaintiff (original Action); 1st Defendant (counterclaim)

SUN KING KAI also known as DEBORAH KING KAI SUN (Executrix of the estate of KONG TUEN YEE)

Defendant (original Action); Plaintiff (counterclaim)

All occupiers of the Flats

2nd Defendant (counterclaim)

The Secretary for Justice

3rd Defendant (counterclaim)

Procedural Posture

Adverse Possession Claim by Occupier; Counterclaim for Vacant Possession and Declaration of Charitable Trust / Judgment (court of First Instance, 28 April 2022)

Legal Issues

  1. 1 Whether claimant established exclusive factual possession and intention to possess sufficient to extinguish paper title under Limitation Ordinance ss 7 and 17
  2. 2 Whether the Flats are subject to a charitable trust for advancement of Christianity
  3. 3 Whether formalities under CPO s5 defeat the existence or operation of the charitable trust created in the 1960s

Ratio Decidendi

The claimant failed to prove by clear and compelling evidence the requisite exclusive factual possession and intention to possess to extinguish the registered owner's paper title; the court found on the evidence that Kong had dedicated the Flats for religious purposes and that the Flats are subject to a charitable trust as a matter of fact and law, and accordingly the estate retains title and is entitled to vacant possession and injunctive relief.

Court Disposition

Claim by Yeung dismissed; judgment on counterclaim for vacant possession and injunctions in favour of the estate of Kong (Sun as executrix); declaration of charitable trust not granted in this action

Orders

  • Claim dismissed
  • Order for vacant possession of the Flats to the estate of Kong and injunctions restraining the defendants from entering or remaining except as permitted by the trust purposes