Chan Chong Fat and Another v. Chan Li Kiu

Case No.HCMP 3963/2001

Court

High Court CFI

Date18 Dec 2001

Judge—

Case Document

100%

HCMP003963/2001

HCMP 3963/2001

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 3963 OF 2001

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	IN THE MATTER OF Lot No. 412 in Demarcation District No. 32, New Territories, Hong Kong

	AND

	IN THE MATTER OF Sections 7 and 17 of the Limitation Ordinance, Cap 347 of the laws of Hong Kong

BETWEEN
	CHAN CHONG FAT（陳長發）	1st Plaintiff
	CHAN YAU （陳有）	2nd Plaintiff

	AND

	CHAN LI KIU	Defendant

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Coram: Hon Chung J in Court

Dates of Hearing: 18 December 2001

Date of Decision: 18 December 2001

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D E C I S I O N

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1.The Plaintiffs commenced this action on 23rd July 2001 against the Defendant claiming in essence that the Defendant's rights and title over the subject Lot had been extinguished by reason of the Plaintiffs' adverse possession for over 20 years. It is however, the 1st Plaintiff's own case that he already assigned the subject Lot (together with other pieces of land apparently nearby) to the 2nd Plaintiff (the 1st Plaintiff's son) in August 1991. Because of this, I consider that the 1st Plaintiff no longer has any locus standi to bring this action, the 1st Plaintiff's claim is accordingly dismissed.

2.As regards the claim of the 2nd Plaintiff, I find it desirable that the Crown Rent receipts relating to the subject Lot for the periods before 1983 and after 1998 be produced by the Plaintiffs. It is also desirable that the Plaintiffs should file further affirmation evidence to explain the present state of the subject Lot. For these reasons, the hearing of the 2nd Plaintiff's claim is adjourned to a date to be fixed.

	(Andrew Chung)
	Judge of the Court of First Instance High Court

Representation:

Mr Francis Yip, instructed by Messrs Ko & Chow, for the Plaintiffs

Defendant acts in person and absent