8 May 2023
TSANG SHU WO AND ANOTHER v. PERSON UNKNOWN IN OCCUPATION OF LOT NO. 2643RP IN D.D. 120, YUEN LONG, NEW TERRITORIES, HONG KONG AND ANOTHER
- Citation
- [2023] HKCA 644
- Court
- Court of Appeal
- Case number
- CACV98/2020
The appeal fails because tenancy by estoppel cannot bind a third party occupier and because the asserted renewals of the head leases lacked the unanimous consent of the Tso's registered managers: TKK remained a registered manager who did not consent, no Secretary approval removed him, therefore the 2013 and subsequent purported leases were void and TCY could not pass better title to sub-lessees; accordingly the 2nd plaintiff was not entitled to possession.