YAN WUN KWONG v. THE ESTATE OF HONG KING LOO alias LO KING HEUNG DECEASED

DCCJ5370/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 5370 OF 2009

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DECISION

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1.  Upon hearing counsel for the plaintiff, Mr Ross Yuen, and reading his Skeleton Submissions lodged in court dated 9 March 2011, the Statement of Claim dated 22 December 2009 and the affidavit evidence filed by the plaintiff in these proceedings, I am satisfied that:

(1)  this is an appropriate case to proceed in the absence of any person representing the estate of the deceased defendant, pursuant to Order 15, rule 15 of the Rules of the District Court;

(2)  in default of a Defence having been served, the plaintiff is entitled to proceed to apply for default judgment under Order 19, rule 7, Rules of the District Court;

(3)  on the Statement of Claim and the 2^nd  Affirmation of Yan Wun-kwong made on 27 October 2010 filed in these proceedings, the plaintiff is entitled to the relief sought under paragraph (2) of his Summons dated 22 October 2010; and

(4) in the circumstances of this case, the plaintiff has a genuine need for the declaratory relief sought and the Court can properly grant him such relief based on the merits of the case.

2.  Accordingly, I make an order in terms of the draft handed up to the Court today, namely:

(1)  The action herein be proceeded in the absence of any person representing the estate of the deceased defendant; and

(2)  Judgment be entered against the defendant for:-

(a) a declaration that the defendant’s title to the property known as “All That one equal  undivided 108th part or share of and in All That piece or parcel of ground situate at Kwun Tong, Kowloon and registered in the Land Registry as Kwun Tong Inland Lot No. 336, Together with the exclusive right to the use occupation and enjoyment of All That Flat H on the 3rd Floor, San Loong House, No. 25 Tung Yan Street, Kowloon” (“the Property”) has been extinguished by virtue of section 17 of the Limitation Ordinance, Cap.347; and

(b) a declaration that the plaintiff has been in adverse possession of the Property for a period exceeding 20 years prior to the commencement of this action and has thereby acquired an indefeasible possessory title to the Property.