LEE CHONG LUAN v. OSUJI ONYEKACHI LOUIS

LEE CHONG LUAN v. OSUJI ONYEKACHI LOUIS

Leave to appeal was refused because the alleged promise by the landlord to assist was not an enforceable agreement creating a point of law; the respondent conceded the landlord had the right not to sign the ISS form; material arrears remained and there was no realistic prospect of success or other interest of justice to justify an appeal.

Citation
LEE CHONG LUAN v. OSUJI ONYEKACHI LOUIS
Parties
Applicant (landlord): LEE Chong Luan; Respondent (tenant): OSUJI ONYEKACHI LOUIS
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
28 August 2014
Case Number
LDPD1340/2014
Procedural Posture
Application for Leave to Appeal From Lands Tribunal Decision / Post Judgment Leave Application Following Refusal of Application to Set Aside and Grant of Writ of Possession
Outcome
Application for leave to appeal dismissed
Legal Topics
Repossession, Forfeiture, Relief From Forfeiture, Setting Aside Judgment, Leave to Appeal, Stay of Execution
Source Language
EN
Landlord and Tenant Law Civil Procedure Administrative Law Repossession Forfeiture Relief From Forfeiture Setting Aside Judgment Leave to Appeal +1 more

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Parties

LEE Chong Luan

Applicant (landlord)

OSUJI ONYEKACHI LOUIS

Respondent (tenant)

Procedural Posture

Application for Leave to Appeal From Lands Tribunal Decision / Post Judgment Leave Application Following Refusal of Application to Set Aside and Grant of Writ of Possession

Legal Issues

  1. 1 Whether the Tribunal had jurisdiction to compel the landlord to sign a form for a third party (ISS)
  2. 2 Whether any enforceable agreement existed obliging the landlord to assist the respondent such that specific performance or rescission could be claimed
  3. 3 Whether the application for leave to appeal discloses an arguable point of law or other reason in the interests of justice

Ratio Decidendi

Leave to appeal was refused because the alleged promise by the landlord to assist was not an enforceable agreement creating a point of law; the respondent conceded the landlord had the right not to sign the ISS form; material arrears remained and there was no realistic prospect of success or other interest of justice to justify an appeal.

Court Disposition

Application for leave to appeal dismissed

Orders

  • Respondent's application for leave to appeal filed on 20 August 2014 is dismissed
  • There is no order as to costs for this application