11 Nov 1983
KWOK WAI SAN v. CHUNG KIT CHING AND OTHERS
- Citation
- KWOK WAI SAN v. CHUNG KIT CHING AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV121/1983
The judge's order granting possession of part of the premises against sub‑tenants while dismissing the claim against the principal tenant was inconsistent and unenforceable because s.53(4)(a) requires the tenant's willingness to remain in possession of the remainder to be present and recorded; accordingly the appeal is allowed, the order is set aside and the consolidated applications are remitted for a new trial.