TSE CHEONG MAN AND ANOTHER v. ATTORNEY GENERAL AND OTHERS

TSE CHEONG MAN AND ANOTHER v. ATTORNEY GENERAL AND OTHERS

The authenticated 1922 Deed of Conveyance, corroborated by continuous possession and rent receipts and by District Land Office memorial indexes, establishes that the land was sold to the plaintiffs' father in 1922; accordingly the plaintiffs are entitled to the declaratory relief sought (paragraph 9(3) of the Statement of Claim).

Citation
TSE CHEONG MAN AND ANOTHER v. ATTORNEY GENERAL AND OTHERS
Parties
1st Plaintiff: Tse Cheong Man; 2nd Plaintiff: Tse Kang; 1st Defendant: Attorney General; 2nd Defendant: The Personal Representative of Shing Kwai; 3rd Defendant: Shing Ho Shi; 4th Defendant: Shing Yan Cheung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 May 1984
Case Number
HCA3212/1981
Procedural Posture
Action (hca003212/1981) / Judgment (delivered 14 May 1984)
Outcome
Declaration granted in favour of the plaintiffs that the land was sold to their father in 1922 and plaintiffs are entitled to the declaration in terms of paragraph 9(3) of the Statement of Claim; claim for rectification against the Crown withdrawn.
Legal Topics
Declaration of Title, Registration of Title, Rectification of Land Records, Possessory Title, Evidence
Source Language
EN
Land Law Property Succession Conveyancing Registration Declaration of Title Registration of Title Rectification of Land Records +2 more

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Parties

Tse Cheong Man

1st Plaintiff

Tse Kang

2nd Plaintiff

Attorney General

1st Defendant

The Personal Representative of Shing Kwai

2nd Defendant

Shing Ho Shi

3rd Defendant

Shing Yan Cheung

4th Defendant

Procedural Posture

Action (hca003212/1981) / Judgment (delivered 14 May 1984)

Legal Issues

  1. 1 Whether the land was sold to the plaintiffs' father in 1922
  2. 2 Whether plaintiffs are entitled to a declaration of title notwithstanding registered entries in favour of successors of the original vendors
  3. 3 Whether registration error at the District Land Office defeats equitable/documentary proof of purchase

Ratio Decidendi

The authenticated 1922 Deed of Conveyance, corroborated by continuous possession and rent receipts and by District Land Office memorial indexes, establishes that the land was sold to the plaintiffs' father in 1922; accordingly the plaintiffs are entitled to the declaratory relief sought (paragraph 9(3) of the Statement of Claim).

Court Disposition

Declaration granted in favour of the plaintiffs that the land was sold to their father in 1922 and plaintiffs are entitled to the declaration in terms of paragraph 9(3) of the Statement of Claim; claim for rectification against the Crown withdrawn.

Orders

  • Declaration granted in terms of paragraph 9(3) of the Statement of Claim that the plaintiffs are the successors/owners of the land having been purchased by their father in 1922