Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Declaration of extinguishment

Legal area

Court

30 Dec 2005

HO FUK HING AND OTHERS v. HO MAU HING

Citation

HO FUK HING AND OTHERS v. HO MAU HING
Court

District Court
Case number

DCMP2203/2005

On the unchallenged evidence the mortgagee had not been in possession and had not asserted any right since at least 15 December 1959; therefore the right to receive money secured by the mortgage accrued and, having not been exercised within 12 years, the mortgage is unenforceable by operation of section 19(1) and (2) of the Limitation Ordinance.
5 Oct 2005

TANG MUK HING v. TANG WENG TSONG

Citation

TANG MUK HING v. TANG WENG TSONG
Court

Court of First Instance
Case number

HCMP346/2005

Because the plaintiff had acquired legal title and maintained uninterrupted possession of the lots and the mortgagees had neither been in possession nor taken enforcement action, the mortgages were held to be incapable of subsistence or otherwise unenforceable by operation of the Limitation Ordinance, and a declaration was made to that effect.