Tang Cho Sang and Others v. Tang Wan Hoi

DCCJ 3014/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 3014 OF 2009

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Coram :  Deputy Judge Geoffrey Chan

Date of Hearing : 27 May 2010

Date of Handing Down Judgment : 15 June 2010

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J U D G M E N T

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1.By a Writ of Summons issued on 26 June 2009 the Plaintiffs seek a declaration against the Defendant that :-

1.1 Defendant's right to recover Lot No. 306 in Demarcation District No. 132 ("the Suit Land") and Defendant's title thereto have become statute-barred and extinguished by virtue of s7(2) and s17 of the Limitation Ordinance (Cap. 347); and

1.2 the Tso or Plaintiffs as managers thereof has/have acquired a possessory title to the Suit Land for the entire residue of the Government Lease of the Suit land up to 30 June 2047.

2.The service of the Writ was effected by way of substituted service on 5 March 2010 pursuant to an Order of Master S Lo of 1 February 2010.  No Notice of Intention to Defend was filed by the Defendant and the Plaintiffs have applied under Order 19 Rule 7 for Judgment to be entered against the Defendant. 

3.It is not normal practice of the Court to make a declaration without a trial but this is not an inflexible rule.  The Court will be prepared to grant the declaratory relief where the Plaintiff has a genuine need for such relief.   The Plaintiffs' solicitors undertook and duly filed an affirmation by Mr. Tang Chee Ho duly exhibiting the Land Resumption Notice (G.N. 2174) of 1 April 2009.  I am therefore satisfied that there is a genuine need for the Plaintiffs to claim the relief that they have sought.  I therefore make an Order as follows subject to my amendments to the English name of the Plaintiffs below :-

(1)  A Declaration that the Defendant's right to recover Lot 306 in Demarcation District No. 132 ("Lot 306") and the Defendant's title thereto have become statute-barred and extinguished under and by virtue of s7(2) and s17 of the Limitation Ordinance, Cap 347;

(2)  A Declaration that Tang Cho Sang (鄧灶生), Tang Shu Pui (鄧樹培), Tang Kai Fong  (鄧啓芳) and Tang Tsun Lam (鄧春林) as the managers of  Tang Chat Om Tso (鄧質菴祖) also known as Tang Chak Om Tso, Tang Chut Om Tso and Tang Tsat Om Tso, have acquired possessory title to Lot 306 for the entire  residue of the Government Lease of Lot 306 up to 30 June 2047;

(3)  There be no order as to costs in this action.

Mr. Alric TANG of Messrs. Wong, Hui & Co. for the Plaintiff.

Defendant In Person, absent.