Ng Sum Choi v. Ng Hong Ning
Read the full judgment text of HCMP 472/1998 on BabelCite. This High Court CFI judgment was delivered on 15 October 1998.
1. I am satisfied that I should grant an order in terms of the Originating Summons. The mortgage here was recorded in the Block Crown Lease of 1905 but the evidence here is that the Plaintiff and his family have been in possession of the property for some 37 years without any demands made from the mortgagee or any persons on behalf of the mortgagee, nor has any acknowledgement been made by the Plaintiff or his predecessors of their liability under the mortgage.
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HCMP000472/1998 1998, No. MP472 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATION REGION COURT OF FIRST INSTANCE MISCELLANEOUS PROCEEDINGS NO. 472 OF 1998 ____________
____________ Coram: The Honourable Madam Justice Yuen in Court Date of Hearing : 15 October 1998 Date of Judgment : 15 October 1998 ______________ J U D G M E N T ______________ 1. I am satisfied that I should grant an order in terms of the Originating Summons. The mortgage here was recorded in the Block Crown Lease of 1905 but the evidence here is that the Plaintiff and his family have been in possession of the property for some 37 years without any demands made from the mortgagee or any persons on behalf of the mortgagee, nor has any acknowledgement been made by the Plaintiff or his predecessors of their liability under the mortgage. 2. I am satisfied that substituted service was correctly effected as there were no means of finding the whereabouts of the mortgagee. 3. I am further satisfied that the matter is not purely hypothetical because an owner has a vested interest in clearing his title and the Plaintiff is the legal and beneficial owner of the property in this case. Accordingly, I would grant an order in terms of the Originating Summons with no order as to costs.
Representation: C Y Li instructed by Messrs. Leung Kin & Co for Plaintiff Defendant in person, absent |