WONG PENG KUEN v. CHUNG KING PUI AND ANOTHER

WONG PENG KUEN v. CHUNG KING PUI AND ANOTHER

On the facts the Tribunal properly found a prima facie cesser of possession. The opponents failed to demonstrate a genuine animus revertendi coupled with sufficient corpus possessionis; negotiations over disposal of furniture and other evidence showed abandonment. Appeal allowed: statutory tenancy relinquished; ejectment and mesne profits ordered.

Citation
WONG PENG KUEN v. CHUNG KING PUI AND ANOTHER
Parties
Appellant (landlord): WONG Peng Kuen; 1st Respondent (tenant): CHUNG King Pui; 2nd Respondent (occupier / 4th Son): CHUNG Hung Kee
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
13 January 1976
Case Number
DCMP5/1975
Procedural Posture
Tenancy Tribunal Appeal / Judgment on Appeal (district Court)
Outcome
Appeal allowed in favour of appellant (landlord)
Legal Topics
Protected Tenancy, Animus Revertendi, Non Occupation, Possession, Surrender of Possession, Mesne Profits, Presumption of Parting With Possession
Source Language
EN
Landlord and Tenant Property Law Civil Procedure Protected Tenancy Animus Revertendi Non Occupation Possession Surrender of Possession +2 more

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Parties

WONG Peng Kuen

Appellant (landlord)

CHUNG King Pui

1st Respondent (tenant)

CHUNG Hung Kee

2nd Respondent (occupier / 4th Son)

Procedural Posture

Tenancy Tribunal Appeal / Judgment on Appeal (district Court)

Legal Issues

  1. 1 Whether the tenant 'parted with the possession' of the premises under s.36 Cap.7
  2. 2 Whether the tenant retained animus revertendi and corpus possessionis sufficient to rebut prima facie presumption of cessation of possession
  3. 3 Whether the landlord established entitlement to ejectment and mesne profits

Ratio Decidendi

On the facts the Tribunal properly found a prima facie cesser of possession. The opponents failed to demonstrate a genuine animus revertendi coupled with sufficient corpus possessionis; negotiations over disposal of furniture and other evidence showed abandonment. Appeal allowed: statutory tenancy relinquished; ejectment and mesne profits ordered.

Court Disposition

Appeal allowed in favour of appellant (landlord)

Orders

  • Order for ejectment against 1st and 2nd respondents under s.36 Landlord and Tenant (Consolidation) Ordinance, Cap. 7, stayed for 4 weeks
  • Order for mesne profits against 1st respondent at the rate of $155 per month from 1 February 1975 until vacant possession is delivered