14 Dec 1982
LAM CHI v. YIP CHING
- Citation
- LAM CHI v. YIP CHING
- Court
- Court of Appeal
- Case number
- CACV125/1982
The Court of Appeal held that the Deputy District Judge erred in refusing the solicitor's undertaking under s15(1); even without the documentary agreements the affirmations and other evidence established a tenancy by estoppel and thus a lawful right to distrain; there was insufficient evidence of eviction by title paramount or constructive eviction, and a retrospective grant by the true owner cannot retrospectively defeat a tenancy by estoppel between the parties absent effective eviction.