7 Dec 1999
LEE SHEK MUI AND OTHERS v. CHEUNG FUK SAN
- Citation
- LEE SHEK MUI AND OTHERS v. CHEUNG FUK SAN
- Court
- Court of First Instance
- Case number
- HCMP1771/1999
The mortgage dated 4 November 1907 is incapable of subsistence or is unenforceable by operation of the Limitation Ordinance because the plaintiffs and their predecessors have been in uninterrupted possession since at least 1968, there has been no demand for payment of principal or interest, and the evidential facts establish that limitation and related equitable considerations bar enforcement; the declaration is confined to Section J of Lot No. 465 and does not affect other parts of Lot No. 465.