KU SIOK YUH v KU SENG RUEY
Catchwords
Keywords Ku Siok Yuh v. Ku Seng Ruey [k.1] bth 1.7.2026 CivilProcedure Recovery of possession of land; Originating summons; Order 89 rr 1 & 6 Rules of Court 2012; Summary procedure; Vacant possession; Former licensee; Defendant entering occupation with consent; Licence revoked; Occupation without licence or consent; Construction of second limb of O 89 r 1; Whether Order 89 applicable where initial entry lawful; Distinction between former licensee and tenant holding over; Whether summary procedure confined to squatters and trespassers; Triable issue; Clear case; Affidavit evidence; No appearance by defendant; Summary disposal. LandLaw Registered proprietor; Indefeasibility of title; Torrens system; National Land Code 1965, ss 89, 340 & 341; Right to exclusive possession; Recovery of possession; Charge over land; Rights of chargor; Whether registered proprietor entitled to immediate possession against former licensee. Licence Bare licence; Family arrangement; Temporary permission to occupy property; Revocation of licence; Withdrawal of consent; Reasonable notice to quit; Whether payment of utilities and deposit created tenancy; Whether licence created proprietary interest; Former licensee remaining in occupation after revocation. Landlord and Tenat Licence distinguished from tenancy; Tenant holding over; Statutory exclusion under O 89 r 1; Whether exclusion extends to former licensees; No tenancy created. Equity Proprietary estoppel; Constructive trust; Common intention; Equitable licence; Whether equitable right to remain established; No proprietary interest proved; No triable equitable claim. Practiceand Procedure Substituted service; Certificate of non-appearance; Burden of proof; Standard for summary relief; Whether court should construct triable issues in absence of defence; Effect of uncontroverted affidavit evidence. Statutory Interpretation Order 89 r 1 Rules of Court 2012; Meaning of “remained in occupation without licence or consent”; Interpretation of second limb of O 89; Whether lawful initial entry precludes summary proceedings; Scope of statutory exclusion for tenants holding over.
Judges (1)
Parties (2)
Judgment
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