Maimon binte Ahmad (administratrix of Sukinah binte Haji Hassan, deceased) v Soon Peng Yam and Chan Ah Kow as trustees of the Chinese Swimming Club

• Jurisdiction: Singapore
• Judge: Judith Prakash JC
• Judgment Date: 27 April 1994
• Neutral Citation: [1994] SGHC 117
• Published date: 06 December 2012
• Court: High Court (Singapore)
• Plaintiff Counsel: Wee Han Kim (Wee Eng Lock & Son)
• Defendant Counsel: Kirpal Singh with Mak Kok Weng (Mak & Partners)

Judgment:

Coram: Judith Prakash JC

GROUNDS OF DECISION

In this Originating Summons, the plaintiff, as administratrix of the estate of her mother, claimed a declaration that she had acquired a possessory title to those portions of lots 46-7 and 46-10 of Mukim 25, Singapore, coloured red on the survey plan annexed to the Summons on which stands the building known as No. 111-G Kampong Amber, Singapore, by virtue of her exclusive continuous and undisputed adverse possession thereof for a period in excess of 12 years. She also asked for certain consequential orders. The land claimed by the plaintiff covered an area of approximately 2,196 square feet. The paper title to the land was in the name of the Chinese Swimming Club ("the Club") and the defendants to the action were sued as the trustees of the Club.

After hearing submissions and considering the affidavit evidence placed before the court, I made a declaration that the plaintiff had acquired a possessory title to that portion of the named lots occupied by the house 111-G, Kampong Amber by virtue of her adverse possession thereof. The area of the land so awarded to the plaintiff was approximately 90 square metres. I made certain consequential orders and awarded the plaintiff 75% of the taxed costs. The defendants have now appealed against the whole of the decision.

The plaintiff filed three affidavits in support of her application. In her first affidavit, the plaintiff said that her late mother, Sukinah Binte Haji Hassan, was the owner of the plank and zinc house known as 111-G, Kampong Amber ("the house"). During her occupancy, Cik Sukinah paid ground rent of $1 per month in respect of the land ("the land") on which the house was erected to The Bankers' Trust Co., Ltd as trustee for the Club. She produced a receipt from The Bankers' Trust Co., Ltd acknowledging receipt of ground rent for the month of May 1967. After Cik Sukinah's death in April 1978 neither the plaintiff nor anyone else, to the best of her knowledge, paid the ground rent. The plaintiff was granted letters of administration to the estate of Cik Sukinah on 8 November 1979.

By a letter dated 20 March 1984, M/s Donaldson & Burkinshaw, then the solicitors for the Club, gave notice purporting to terminate Cik Sukinah's ground tenancy with effect from 30 April 1984. After that notice to quit no ejectment proceedings were taken by the Club nor did the plaintiff pay any rent. In 1985, the plaintiff complied, at a cost of $2,350 to her, with a notice from the Ministry of Environment requiring the installation of a rural sewerage system in the house.

The plaintiff herself lived in the house from the early 1950s until the end of 1978 when her husband purchased an HDB flat in Bedok. She then moved to the flat and shortly after that she let a relative by the name of Encik Haji occupy the house together with his friend, Encik Saini. Encik Haji moved out a few years later and thereafter the house was occupied by Encik Saini and his family as tenants of the plaintiff. Encik Saini paid a monthly rent of $80 per month. The PUB account for the house continued to be in the name of the plaintiff. Annexed to the affidavit was a payment reminder from the PUB to the plaintiff for the month of June 1990.

In her third affidavit, the plaintiff clarified that she had moved out of the house in September 1978. At that time Encik Haji wanted to rent it and the rent was agreed at $110 per month inclusive of electricity because the electricity supplied to the house was then connected to the adjoining house, 111 Kampong Amber which belonged to the plaintiff's uncle. Encik Haji moved into the house with his wife at the end of September 1978. A few days later he allowed his friend, Encik Saini, to move in with the latter's wife and infant son. Thereafter, the two families shared the house and rent. The plaintiff herself collected the rent from Encik Haji every month until he left after about a year and she then collected the rent from Encik Saini.

When 111 Kampong Amber was about to be demolished, Encik Saini arranged to have the electricity supply connected directly to the house at his own cost and to be thereafter responsible for the electricity charges. In consideration of that, the rent was reduced to the current rental of $80 per month. The plaintiff annexed to her affidavit copies of the identity card of Encik Saini, his wife and his elder son and the birth certificate of his younger son. All these showed the address of Encik Saini and his family to be 111-G Kampong Amber. The plaintiff also annexed a return of houseownership which Encik Saini signed on 25 October 1985. That document was addressed to the Assistant Director, Water Pollution Control and Drainage, Sewerage Department and in it Encik Saini gave the plaintiff's name and address as being the name and address of the owner of the house. He also declared in his capacity as occupier of the house that this information was true and correct.

In his first affidavit in reply, Mr Mei Phei Sitt, the general manager and secretary of the Club, alleged that Cik Sukinah had rented the land from the Club at a ground rent of $1 per month and had built the house thereon. He said that the area occupied by Cik Sukinah was not the portion coloured red in the plan annexed to the Originating Summons but an area of 90 square metres being the area of land on which the house was built and that the house was unfenced.

In 1966, the Club instructed Mr S K Lee to make enquiries with the Commissioner of Lands, Singapore to ascertain whether any claims of adverse possession had been filed against the property. The Club was subsequently told that no such claims had been filed and that if anyone were to file such a claim the Commissioner would serve a notice on the Club. To the date of the affidavit no such notice had been received from the Commissioner of Lands.

The next point raised by Mr Mei was that previously negotiations had been carried out between the Club and the plaintiff through her son and authorised representative, Encik Ramli Rahim. These negotiations were not successful as the parties had failed to agree on an acceptable compensation amount. Annexed to Mr Mei's affidavit were copies of letters sent to the Club's solicitors by the plaintiff's son. Mr Mei asserted that the negotiations had been carried out on the basis that the Club was the landlord and the plaintiff a ground tenant. Finally, Mr Mei contended that the plaintiff had not at any time in the past claimed adverse possession of the land in question and he believed that this issue has been raised at the eleventh hour to delay matters and frustrate the Club's application to the Tenants' Compensation Board for vacant possession.

In a second affidavit, Mr Mei stated that the Club became the owner of lots 46-7 and 46-10 of Mukim 25 ("the property") on 25 May 1949 having purchased the same from the trustees of the will of Lee Choon Guan, deceased. The property was situated adjacent to the Club's premises and the Club had bought it in order to hold on to it until the need arose to expand the facilities provided by the Club to its members. At the time of purchase, there were a number of huts built of wood with atap zinc roofs on the property. Cik Sukinah's hut was one such structure. The Club permitted the various occupiers, including Cik Sukinah, to continue in occupation as it did not have an immediate use for the property. All the occupiers, including Cik Sukinah, knew that the Club had bought the property, and employees of the Club would inspect it from time to time...