Ma Weineng v. Ma Hook Kwan

HCA 2237/2011

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 2237 OF 2011

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J U D G M E N T

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1.The plaintiff is the successor of a co‑owner of the premises which is known as Flat C, on the 3rd Floor, No 25 Berwick Street, Kowloon, Hong Kong.

2.The plaintiff’s predecessor and the defendant used to be joint tenants of the premises, but the plaintiff’s predecessor, by a deed of severance dated 17 November 2007, severed the joint tenancy and the deed has been registered at the Lands Registry.

3.It is the plaintiff’s case that the defendant, who was allegedly the foster grandson of the plaintiff’s predecessor, had been ousted by the predecessor in May 1987.  Since then the predecessor had been in exclusive occupation of the premises.  The predecessor had also partitioned the premises into rooms which she let out and pocketed the entire rental.  The predecessor passed away in November 2008.  Since then the plaintiff, who is the sole beneficiary of the estate of the predecessor, continued with the exclusive possession until now.

4.In the premises, I make a declaration that the defendant, being one of two registered tenants in common of the premises in equal shares of the said premises, has lost his right to bring any action against the plaintiff to recover his share or interest in the said premises or in any part thereof by virtue of section 7(2) of the Limitation Ordinance, Cap 347.

5.I further declare that by virtue of section 17 of the ordinance, the title of the defendant has been extinguished in favour of the plaintiff.

6.I also declare that all the defendant’s estate, right and title in the said premises are vested in the plaintiff.

7.I also order that the costs of the action be to the plaintiff.

Ms Christine Leung, instructed by Wong & Co, for the plaintiff

The defendant was not represented and did not appear