WONG WING MAN v. WONG CHUNG ON AND ANOTHER

WONG WING MAN v. WONG CHUNG ON AND ANOTHER

The court found the last rent was received in December 1998 so under s12(2) the tenancy was deemed to end at 31 December 1998; the plaintiff's open acts (changing padlock, ceasing payment, exclusive occupation and payment of rates) demonstrated factual possession and intention to possess from about September 1999; the 12-year limitation period expired and under s17 the 2nd defendant's title was extinguished; plaintiff therefore established a possessory title.

Citation
WONG WING MAN v. WONG CHUNG ON AND ANOTHER
Parties
Plaintiff: Wong Wing Man; 1st Defendant: Wong Chung On; 2nd Defendant: Ng Shoot Heung
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
4 April 2014
Case Number
DCMP1009/2013
Procedural Posture
Adverse Possession Claim (originating Summons, District Court) / Decision (deputy District Judge, First Instance)
Outcome
Declaration that the 2nd defendant's title to the Property has been extinguished pursuant to section 17 Limitation Ordinance (Cap 347) and that the plaintiff has established a possessory title to the Property.
Legal Topics
Possessory Title, Extinguishment of Title Under Limitation Ordinance S17, Effect of Last Rent Payment Under S12(2) Limitation Ordinance, Substituted Service
Source Language
EN
Property Limitation Adverse Possession Civil Procedure Possessory Title Extinguishment of Title Under Limitation Ordinance S17 Effect of Last Rent Payment Under S12(2) Limitation Ordinance Substituted Service

Case Brief

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Parties

Wong Wing Man

Plaintiff

Wong Chung On

1st Defendant

Ng Shoot Heung

2nd Defendant

Procedural Posture

Adverse Possession Claim (originating Summons, District Court) / Decision (deputy District Judge, First Instance)

Legal Issues

  1. 1 Whether the plaintiff established adverse possession against the 2nd defendant
  2. 2 Whether the 2nd defendant's title was extinguished under section 17 Limitation Ordinance
  3. 3 When the right to recover land accrued given last receipt of rent in December 1998

Ratio Decidendi

The court found the last rent was received in December 1998 so under s12(2) the tenancy was deemed to end at 31 December 1998; the plaintiff's open acts (changing padlock, ceasing payment, exclusive occupation and payment of rates) demonstrated factual possession and intention to possess from about September 1999; the 12-year limitation period expired and under s17 the 2nd defendant's title was extinguished; plaintiff therefore established a possessory title.

Court Disposition

Declaration that the 2nd defendant's title to the Property has been extinguished pursuant to section 17 Limitation Ordinance (Cap 347) and that the plaintiff has established a possessory title to the Property.

Orders

  • Declaration: 2nd defendant's title to the Remaining Portion of New Kowloon Inland Lot No 150, 5th Floor, No 189 Yee Kuk Street Kowloon is extinguished pursuant to section 17 Limitation Ordinance (Cap 347).
  • Declaration: Plaintiff has established a possessory title to the Property.