Ong Yew Kew v Attorney-General: Adverse Possession & Strata Title Dispute
In Ong Yew Kew v Attorney-General, the High Court of Singapore, on 27 January 2003, dismissed Ong Yew Kew's application for a declaration of adverse possession over land containing the Kew Ong Yah Temple. The court, presided over by Tay Yong Kwang JC, found that Ong Yew Kew did not have exclusive possession of the land, as others, including members of his family, also occupied the land and did not intend to exclude the true owners. The court revoked its earlier order vesting the land in Ong Yew Kew and ordered him to pay costs to the Attorney-General.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Applicant's Originating Summons dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Ong Yew Kew's adverse possession claim over temple land is dismissed. The court found he lacked exclusive possession, and others sharing possession did not intend to exclude the true owners.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Attorney-General | Respondent | Government Agency | Orders made on 12 February 2001 revoked and Applicant’s Originating Summons dismissed | Won | Jeffrey Chan of Attorney-General’s Chambers Leonard Goh of Attorney-General’s Chambers |
| Ong Yew Kew | Applicant | Individual | Originating Summons dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Jeffrey Chan | Attorney-General’s Chambers |
| Leonard Goh | Attorney-General’s Chambers |
| Cavinder Bull | Drew & Napier |
| Low Sze Gin | Drew & Napier |
4. Facts
- Applicant sought declaration of adverse possession for land with Kew Ong Yah Temple.
- Attorney-General appealed, citing public members with adverse testimony.
- Applicant's grandfather was described as 'person taking charge of the temple'.
- Tan Lee Choo lived on the land for decades and did not need the Applicant’s permission.
- Ong Pang Lek and his family also occupied the land and did not intend to exclude the true owners.
- The temple was open to the public and sustained through donations.
5. Formal Citations
- Lot 114-69 Mukim XXII, Singapore (No 2), OS 569/1984, [2003] SGHC 13
6. Timeline
| Date | Event |
|---|---|
| Temple land purchased. | |
| Temple completed. | |
| Stone tablet erected on temple grounds. | |
| Ong Khay Gim passed away. | |
| Tan Lee Choo started living at 779 Upper Serangoon Road. | |
| Ong Siang Keng passed away. | |
| Applicant began working in Singapore. | |
| Applicant married Lee Aye Chin. | |
| Applicant's grandmother died; Applicant took over management of the temple. | |
| Applicant's lawyers wrote to the Commissioner of Estate Duties claiming adverse possession. | |
| Applicant put up 'private property' sign at the gates. | |
| Applicant's marriage strained relationship with sister-in-law. | |
| Ong Pang Lek's mother's solicitors replied to the Applicant's solicitors. | |
| Applicant installed modern sanitation on the temple grounds. | |
| Applicant built an extension to the house on the temple grounds. | |
| Lim Hoon Leong passed away. | |
| Applicant built a wall in the hallway; Applicant consulted lawyers about adverse possession. | |
| Ong Pang Lek and his brother invited the Chung Hwa Free Clinic to set up a donation box. | |
| Applicant's wife turned the kitchen into a cooking area for the temple festivities. | |
| Final version of Agreed Statement of Facts signed. | |
| Advertisements taken out by the Applicant. | |
| Court granted Ong Yew Kew a declaration that rights and title to Lot 7823 Mukim 22 be vested in him by virtue of adverse possession. | |
| Ong Pang Lek's brother read about the case in the Chinese newspapers. | |
| Applicant registered as the owner of the land. | |
| Advertisement placed in the Lian He Zao Bao newspaper. | |
| Court dismissed the Applicant’s Originating Summons. |
7. Legal Issues
- Adverse Possession
- Outcome: The court found that the Applicant did not have exclusive possession and that those in joint possession with him did not have the intention of excluding the true owners.
- Category: Substantive
- Sub-Issues:
- Exclusive possession
- Intention to exclude true owners
8. Remedies Sought
- Declaration that all rights and title to the land be vested in the Applicant
9. Cause of Actions
- Adverse Possession
10. Practice Areas
- Real Estate Law
- Trusts and Estates
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ong Yew Kew v Unknown | High Court | Yes | [2001] 2 SLR 509 | Singapore | This is the earlier decision in the same matter, which was revoked in the current judgment. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Property Tax Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Adverse possession
- Exclusive possession
- Kew Ong Yah Temple
- Trustees
- Caretaker
- Devotees
- Originating Summons
- Strata titles
15.2 Keywords
- Adverse Possession
- Land Dispute
- Temple
- Singapore
- Property Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Adverse Possession | 95 |
| Property Law | 90 |
| Trust Law | 60 |
| Strata Titles | 40 |
16. Subjects
- Real Property
- Trusts
- Charities