Read the full judgment text of DCMP 855/2013 on BabelCite. This District Court judgment was delivered on 31 December 2013 before Deputy District Judge R Lai.
District Court – Possession – Order 113 – Bare Licence – Proprietary Estoppel – Family Court Action – Inheritance (Provision for Family and Dependents) Ordinance, Cap 481 – Plaintiff claimed possession of Property under Order 113 of the Rules of the District Court against 2nd Defendant who occupied since 2002. 2nd Defendant argued licence was irrevocable or proprietary estoppel applied due to services rendered and payments made. Court found 2nd Defendant was a bare licensee. Licence was not irrevocable as proprietary estoppel elements not met; no inducement by Plaintiff, 2nd Defendant remunerated for services. Licence revoked by letter dated 22 November 2011. Family Court Judgment did not award sum to Plaintiff nor confer interest on 2nd Defendant. Plaintiff entitled to possession. Orders: Possession order granted. No order as to costs between parties. 2nd Defendant's costs taxed in accordance with Legal Aid Regulations.
Legal issues: Whether 2nd defendant was in occupation without licence or consent · Whether licence was irrevocable · Whether licence validly revoked
Outcome: Plaintiff granted possession order.
Cites 3 cases