CHAN MUK CHAI also known as TSANG MUK CHAI v. THE PERSONAL REPRESENTATIVE OF TSANG HEE YUNG also known as TSANG HEI YUNG, deceased

CHAN MUK CHAI also known as TSANG MUK CHAI v. THE PERSONAL REPRESENTATIVE OF TSANG HEE YUNG also known as TSANG HEI YUNG, deceased

Plaintiff had exclusive possession and the requisite animus possidendi of the specified lots, thereby acquiring possessory title; consequently the title and interest of Tsang Hee Yung were extinguished under section 17 of the Limitation Ordinance Cap.347 and Tsang or his estate are barred from bringing an action to recover the land by section 7(2) of that Ordinance; substituted service was properly effected and the claim may be determined in defendant's absence.

Citation
CHAN MUK CHAI also known as TSANG MUK CHAI v. THE PERSONAL REPRESENTATIVE OF TSANG HEE YUNG also known as TSANG HEI YUNG, deceased
Parties
Plaintiff: Plaintiff; Former Title Holder / Defendant: Tsang Hee Yung (also known as Tsang Hei Yung) (deceased); Village Representative / Interested Party: S (village representative of Tong Fuk Village, Lantau Island)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 October 2008
Case Number
HCMP628/2004
Procedural Posture
Possessory Title / Land Dispute Under Limitation Ordinance / Judgment / Final Order
Outcome
Declared that the plaintiff has acquired possessory title to the listed lots; declared that the title and interest of Tsang Hee Yung (deceased) in those lots are extinguished under section 17 Limitation Ordinance Cap.347; declared that Tsang or his estate are barred from commencing any action to recover the lots by...
Legal Topics
Possessory Title, Limitation Ordinance Cap.347 Section 17, Limitation Ordinance Cap.347 Section 7(2), Substituted Service, Costs
Source Language
EN
Property Law Limitation of Actions Land Title Civil Procedure Possessory Title Limitation Ordinance Cap.347 Section 17 Limitation Ordinance Cap.347 Section 7(2) Substituted Service +1 more

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Parties

Plaintiff

Plaintiff

Tsang Hee Yung (also known as Tsang Hei Yung) (deceased)

Former Title Holder / Defendant

S (village representative of Tong Fuk Village, Lantau Island)

Village Representative / Interested Party

Procedural Posture

Possessory Title / Land Dispute Under Limitation Ordinance / Judgment / Final Order

Legal Issues

  1. 1 Whether the plaintiff had exclusive possession and the necessary animus possidendi to acquire possessory title
  2. 2 Whether the title and interest of Tsang Hee Yung were extinguished under section 17 of the Limitation Ordinance Cap.347
  3. 3 Whether Tsang Hee Yung or his estate are barred from commencing an action to recover the land by virtue of section 7(2) of the Limitation Ordinance

Ratio Decidendi

Plaintiff had exclusive possession and the requisite animus possidendi of the specified lots, thereby acquiring possessory title; consequently the title and interest of Tsang Hee Yung were extinguished under section 17 of the Limitation Ordinance Cap.347 and Tsang or his estate are barred from bringing an action to recover the land by section 7(2) of that Ordinance; substituted service was properly effected and the claim may be determined in defendant's absence.

Court Disposition

Declared that the plaintiff has acquired possessory title to the listed lots; declared that the title and interest of Tsang Hee Yung (deceased) in those lots are extinguished under section 17 Limitation Ordinance Cap.347; declared that Tsang or his estate are barred from commencing any action to recover the lots by...

Orders

  • Declaration that plaintiff has acquired possessory title to Lot Nos.225 and 253 in DD325 and Lot Nos.282, 561, 594, 601, 1323 and 1511 in DD328.
  • Declaration that the title and interest of Tsang Hee Yung (also known as Tsang Hei Yung), deceased, in the abovementioned lots are extinguished by virtue of section 17 of the Limitation Ordinance Cap.347.