Li Chen Ling Kaw (Appellant) v Societe Piang Sang Pere et Fils and Mr Chong Fee Ng Wong (Respondents) (Mauritius)

Li Chen Ling Kaw (Appellant) v Societe Piang Sang Pere et Fils and Mr Chong Fee Ng Wong (Respondents) (Mauritius)

The issues cannot be resolved without a factual inquiry into whether the appellant acquired an interest as tenant through her conduct and the parties' arrangements. The absence of a written lease or trade licence in her name does not preclude her from being a tenant if the facts support such an inference. The magistrate erred in dismissing the action without hearing evidence.

Citation
[2012] UKPC 19
Parties
Appellant: Li Chen Ling Kaw; First Respondent: Societe Piang Sang Pere et Fils; Second Respondent: Chong Fee Ng Wong
Jurisdiction
United Kingdom
Judgment Date
23 May 2012
Procedural Posture
Civil Appeal / Appeal From Supreme Court of Mauritius to Judicial Committee of the Privy Council
Outcome
Appeal allowed; magistrate's order set aside; case remitted for trial.
Legal Topics
Tenancy Rights, Tierce Opposition, Community of Property, Fraud and Collusion in Agreements
Landlord and Tenant Family Law Civil Procedure Tenancy Rights Tierce Opposition Community of Property Fraud and Collusion in Agreements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 7 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Li Chen Ling Kaw

Appellant

Societe Piang Sang Pere et Fils

First Respondent

Chong Fee Ng Wong

Second Respondent

Procedural Posture

Civil Appeal / Appeal From Supreme Court of Mauritius to Judicial Committee of the Privy Council

Legal Issues

  1. 1 Whether the appellant has a right as tenant to occupy the premises and thus standing to bring tierce opposition
  2. 2 Whether the agreement between the first and second respondents was entered into in fraud or prejudice of the appellant's rights
  3. 3 Whether the absence of a written lease or trade licence in the appellant's name precludes her from being a tenant

Ratio Decidendi

The issues cannot be resolved without a factual inquiry into whether the appellant acquired an interest as tenant through her conduct and the parties' arrangements. The absence of a written lease or trade licence in her name does not preclude her from being a tenant if the facts support such an inference. The magistrate erred in dismissing the action without hearing evidence.

Court Disposition

Appeal allowed; magistrate's order set aside; case remitted for trial.

Orders

  • Case remitted to District Court for hearing and evidence.
  • Appellant to pay Rs 60,000 into Supreme Court of Mauritius as condition for trial.