5 May 2010
COGI ENTERPRISES LTD AND OTHERS v. THE INCORPORATED OWNERS OF MALAHON APARTMENTS
- Citation
- COGI ENTERPRISES LTD AND OTHERS v. THE INCORPORATED OWNERS OF MALAHON APARTMENTS
- Court
- Court of First Instance
- Case number
- HCA816/2004
Pipeducts were private areas assigned to the plaintiffs (rectified and registered) and are not common parts; the pipeworks running through shop 2A are unauthorised building works installed after the original plans and without Building Authority approval, constitute a breach of the DMC and the IO breached its enforcement duty under BMO s18(1), entitling the 3rd plaintiff to a mandatory injunction ordering removal of the pipeworks and reinstatement of the walls by the specified deadline; the IO has a statutory/right-of-entry under the DMC to access the switch room via the passage; the door open…
- Unauthorised building works
- Ownership of common parts vs private property
- Easements/access rights
- Conveyancing rectification
- Injunctions
- Acquiescence and estoppel