LI SAU SING v. CTMA HOLDINGS LTD AND OTHERS

LI SAU SING v. CTMA HOLDINGS LTD AND OTHERS

Plaintiff has pleaded the essential elements of adverse possession (continuous exclusive possession adverse to co-owners and requisite intention to exclude) for the necessary period; therefore declarations were granted that the specified co-owners' rights are extinguished and that the plaintiff has acquired a possessory title; affidavits filed in support were not considered due to prior procedural rulings.

Citation
LI SAU SING v. CTMA HOLDINGS LTD AND OTHERS
Parties
Plaintiff: LI SAU SING; 1st Defendant: CTMA HOLDINGS LIMITED; 2nd Defendant: HONG KIN YAT; 3rd Defendant: LOYAL MAX CORPORATION LIMITED; 4th Defendant: CHAN YUEN TING; 5th Defendant: CHAN YUEN TING as the administratrix of the estate of SO CHUNG WO, deceased; 6th Defendant: CHENG KIN MING; 7th Defendant: LAM TAM LUEN; 8th Defendant: CHAU KA CHUN as the executor of the estate of NGO TSIN (or CHIN) TO, the deceased owner of 4th Floor of No 217 Castle Peak Road; 9th Defendant: TSANG KWOK KIN; 10th Defendant: LEUNG TING BU; 11th Defendant: LEI CHENG UK AND LAI KOK ESTATE CHIU CHOW KUNG SHEUNG YUE LAN ASSOCIATION LIMITED; 12th Defendant: TO WAI HUNG; 13th Defendant: SIU MING; 14th Defendant (discontinued): TSANG KOON FOO; 15th Defendant: YAU LIN KIU; 16th Defendant: CHU HAU YIN; 17th Defendant: LAW YUEN KING WAH NENA; 18th Defendant: URBAN RENEWAL AUTHORITY
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
3 February 2016
Case Number
DCCJ4825/2014
Procedural Posture
Civil Action Application for Default Judgment Under Order 19, Rule 7 (declaratory Relief / Adverse Possession) / Decision (deputy District Judge in Chambers)
Outcome
Declarations granted that specified co-owners' rights are extinguished and that plaintiff has possessory title; no order as to costs.
Legal Topics
Adverse Possession, Default Judgment, Possessory Title, Declaratory Relief
Source Language
EN
Property Land Law Civil Procedure Adverse Possession Default Judgment Possessory Title Declaratory Relief

Case Brief

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Parties

LI SAU SING

Plaintiff

CTMA HOLDINGS LIMITED

1st Defendant

HONG KIN YAT

2nd Defendant

LOYAL MAX CORPORATION LIMITED

3rd Defendant

CHAN YUEN TING

4th Defendant

CHAN YUEN TING as the administratrix of the estate of SO CHUNG WO, deceased

5th Defendant

CHENG KIN MING

6th Defendant

LAM TAM LUEN

7th Defendant

CHAU KA CHUN as the executor of the estate of NGO TSIN (or CHIN) TO, the deceased owner of 4th Floor of No 217 Castle Peak Road

8th Defendant

TSANG KWOK KIN

9th Defendant

LEUNG TING BU

10th Defendant

LEI CHENG UK AND LAI KOK ESTATE CHIU CHOW KUNG SHEUNG YUE LAN ASSOCIATION LIMITED

11th Defendant

TO WAI HUNG

12th Defendant

SIU MING

13th Defendant

TSANG KOON FOO

14th Defendant (discontinued)

YAU LIN KIU

15th Defendant

CHU HAU YIN

16th Defendant

LAW YUEN KING WAH NENA

17th Defendant

URBAN RENEWAL AUTHORITY

18th Defendant

Procedural Posture

Civil Action Application for Default Judgment Under Order 19, Rule 7 (declaratory Relief / Adverse Possession) / Decision (deputy District Judge in Chambers)

Legal Issues

  1. 1 Whether the plaintiff has established adverse possession sufficient to extinguish co-owners' title
  2. 2 Whether default judgment should be entered under Order 19 rule 7 in absence of defence
  3. 3 Whether the court may rely on previously filed affidavit evidence given prior procedural rulings

Ratio Decidendi

Plaintiff has pleaded the essential elements of adverse possession (continuous exclusive possession adverse to co-owners and requisite intention to exclude) for the necessary period; therefore declarations were granted that the specified co-owners' rights are extinguished and that the plaintiff has acquired a possessory title; affidavits filed in support were not considered due to prior procedural rulings.

Court Disposition

Declarations granted that specified co-owners' rights are extinguished and that plaintiff has possessory title; no order as to costs.

Orders

  • A declaration that all the rights, interests and title of the 2nd, 3rd, 9th, 12th, 13th, 17th and 18th defendants in the Shop have been extinguished.
  • A declaration that the plaintiff has acquired a possessory title in respect of the Shop.