CHAN CHONG FAT AND ANOTHER v. CHAN LI KIU

CHAN CHONG FAT AND ANOTHER v. CHAN LI KIU

The 1st Plaintiff's claim was dismissed because he assigned the subject Lot in August 1991 and therefore lacks locus standi; the 2nd Plaintiff's claim was adjourned pending production of Crown Rent receipts for periods before 1983 and after 1998 and filing of further affirmation evidence explaining the present state...

Source-derived case information.

Citation
CHAN CHONG FAT AND ANOTHER v. CHAN LI KIU
Parties
1st Plaintiff: Chan Chong Fat; 2nd Plaintiff (son of 1st Plaintiff): 2nd Plaintiff; Defendant: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 December 2001
Case Number
HCMP3963/2001
Procedural Posture
Adverse Possession / Limitation Ordinance Proceedings / Hearing — Interlocutory Judgment and Adjournment
Outcome
1st Plaintiff's claim dismissed; 2nd Plaintiff's claim adjourned.
Legal Topics
Locus Standi, Crown Rent, Evidence, Assignment of Land
Source Language
en
Property Law Limitation Law Adverse Possession Locus Standi Crown Rent Evidence Assignment of Land

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Parties

Chan Chong Fat

1st Plaintiff

2nd Plaintiff

2nd Plaintiff (son of 1st Plaintiff)

Defendant

Defendant

Procedural Posture

Adverse Possession / Limitation Ordinance Proceedings / Hearing — Interlocutory Judgment and Adjournment

Legal Issues

  1. 1 Whether the 1st Plaintiff retains locus standi after assignment of the land in August 1991
  2. 2 Whether the Plaintiffs have proved adverse possession extinguishing Defendant's title under Limitation Ordinance
  3. 3 Whether documentary evidence (Crown Rent receipts) and further affirmation evidence should be produced before proceeding

Ratio Decidendi

The 1st Plaintiff's claim was dismissed because he assigned the subject Lot in August 1991 and therefore lacks locus standi; the 2nd Plaintiff's claim was adjourned pending production of Crown Rent receipts for periods before 1983 and after 1998 and filing of further affirmation evidence explaining the present state of the Lot.

Court Disposition

1st Plaintiff's claim dismissed; 2nd Plaintiff's claim adjourned.

Orders

  • 1st Plaintiff's claim dismissed for want of locus standi.
  • Hearing of 2nd Plaintiff's claim adjourned to a date to be fixed.