8 Apr 1997
CHAN CHU HANG ARDEN and Others v. MAN YUN SAU
- Citation
- CHAN CHU HANG ARDEN and Others v. MAN YUN SAU
- Court
- Court of First Instance
- Case number
- HCMP202/1997
The requisition as to the 1935 mortgage was not sufficiently answered because the vendor's solicitors merely asserted no mortgage deed existed without disclosing the evidential basis; a possessory title is not equivalent to the good title contracted for under Clause 6(a) and s.13 CPO; the ex parte Order against a deceased registered owner does not bind the estate and cannot alone establish possessory title; vendor failed to deduce title in accordance with s.13(1)(a); therefore relief in the originating summons is granted and interest and costs ordered.