Lee Chung Industrial Co Ltd v Leung Ping T/a Sun Wing Wah Iron Foundry

Court:District Court (Hong Kong)
Judgement Number:DCCJ1517/1970
Judgment Date:19 Aug 1970
DCCJ001517/1970 LEE CHUNG INDUSTRIAL CO LTD v. LEUNG PING t/a SUN WING WAH IRON FOUNDRY

DCCJ001517/1970

IN THE DISTRICT COURT OF HONG KONG

HOLDEN AT VICTORIA

CIVIL JURISDICTION

ACTION NO. 1517 OF 1970.

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BETWEEN
LEE CHUNG INDUSTRIAL COMPANY LIMITED Plaintiff
AND
LEUNG PING trading as SUN WING WAH IRON FOUNDRY Defendant

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Coram: N.B. Hooper, District Judge

Date of Judgment: 19 August 1970

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REASONS FOR JUDGMENT

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1. The plaintiff company is the registered owner of the property registered in the District Office at Taipo as Section A of Lot No.173 in Demarcation District No. 187, and is applying for an order for ejectment of the defendant from a portion of that property. The plaintiff company have also included in their Particulars of Claim an item for damages for trespass, which they ask should be limited to $5000, but at the hearing they did not press for damages.

2. There can be no doubt that the plaintiff company became the registered owner of these premises in 1966, when it purchased them from the previous registered owner Mr. Choi Wai Kwan for HK$40,000. The conveyance of this property was duly executed on the 2nd of November, 1966, which conveyance was registered at the Office of the Assistant Land Officer in Taipo, New Territories, on the 12th day of December, 1966. It would appear on the face of this conveyance that the land was subject to no encumbrances.

3. The defendant claims that he is a tenant of the premises occupied by him on the plaintiff company's property, and that his tenancy goes back to 1963. He maintains that he rented this land from a previous registered owner Mr. Ng Bo Kwan. It was suggested during the hearing that this Mr. Ng was one of the previous owners of the land, and that it was subsequently purchased from him by suction by a Mr. Choi, who in turn sold it to the plaintiff company in 1966.

4. The plaintiffs have called only one witness to substantiate their claim. This witness was Mr. Kapor Yang, the plaintiff company's Assistant Manager. He has admitted during his evidence that he visited the property both before and after the sale, and on both occasions he noticed that there was a stone hut and a few cottages on the premises, though he admitted further under cross-examination that he did not know whether they were on Crown Land or not. He admitted that he did not know who the cottages belonged to despite enquiries, and that he did not know how the previous owner Mr. Choi had acquired the land. It would appear...

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