6 Mar 2019
Where a trustee holding land under a declared trust has died and no personal representative exists to continue the trusteeship, the court will exercise its statutory jurisdiction under section 45(e) Trustee Ordinance to vest the trust property in the person entitled (here the administratrix) and order registration in that person's name.
11 Apr 2013
The court relied on uncontradicted contemporaneous documentary evidence (identity documents, birth certificates, the full Divisional Memorial and statutory declaration) and the absence of any grant on the Probate Registry to conclude that the identity of the deceased and the factual matrix concerning the registered land were established, thereby justifying judicial intervention to determine rights in the registered land in the absence of probate.
26 Jun 2000
The plaintiffs failed to adduce cogent, consistent evidence that the managers were fraudulently induced or that they signed under a fundamental, non-negligent mistake; the execution and receipt of deposits under the English Agreements were not proven on the balance of probabilities and allegations of conspiracy rested on inference; therefore all claims and counterclaims between the parties failed and were dismissed accordingly.
16 Nov 1999
The agreements were void as against the plaintiff because the purported signatory lacked authority and the solicitors had not been appointed; therefore defendants had no entitlement to register the agreements and the court must declare the agreements null and void, restrain registration, and vacate existing registrations in specified actions.