Read the full judgment text of CACV 000173/2005 on BabelCite. This Court of Appeal judgment was delivered on 5 January 2006 before Rogers VP, Cheung JA, Tang JA.
Landlord and tenant – distress for rent – section 96 Landlord and Tenant Ordinance – affidavit – declaration – apparent possession – ownership – Court of Appeal – The Claimant, a subtenant, successfully applied under s.96 to recover goods seized by the bailiff. The landlord appealed, arguing that the declarations submitted were not valid affidavits and that the goods were not in the Claimant's apparent possession. The Court of Appeal held that the declarations could be treated as affidavits and that proof of ownership established apparent possession. Appeals dismissed.
Legal issues: Sufficiency of evidence – declaration as affidavit · Apparent possession of goods at time of seizure
Outcome: Appeals dismissed
Cited by 2 cases