Lee Bee Kiow v Lee Bee Hong

Appellant(s): Lee Bee Kiow

Respondent(s): Lee Bee Hong

• YA Datuk Azhahari Kamal bin Ramli
• YA Datin Paduka Evrol Mariette Peters
• YA Dato' Ong Chee Kwan

• The co-proprietors, who are sisters, jointly purchased a residential property, with one co-proprietor exclusively occupying it and claiming renovation costs, while the other made a partial loan repayment.
• An impasse arose over the division of sale proceeds, with disputes concerning the partial loan repayment, renovation costs, and the occupying co-proprietor's liability for rent.
• The appellant initiated an Originating Summons for an order to sell the property and for equitable accounting, which the High Court partially granted but dismissed the claim for rent.

• Whether a co-proprietor in exclusive occupation of a jointly owned property is liable to pay rent to the other co-proprietor in the absence of ouster or agreement.
• How to equitably account for the partial loan repayment and renovation costs incurred by individual co-proprietors when distributing the sale proceeds of a jointly owned property.
• Whether the High Court's order for the division of sale proceeds provided sufficient certainty and clarity for a prospective sale.

• The Court dismissed the appellant's claim for rent, affirming that a co-proprietor is entitled to possession and enjoyment of the whole property under Section 343(b) of the National Land Code, and is not liable for rent without ouster or prior agreement.
• The Court varied the High Court's order, directing that the partial loan repayment, renovation costs (subject to proof), necessary sale and purchase expenses, and property-related expenses (assessment and quit rents, excluding utilities) shall be borne equally by both co-proprietors.
• The net sale proceeds, after these equal deductions and apportionments, are to be divided equally, with the Court noting that seriously disputed facts regarding renovation costs cannot be summarily determined in an Originating Summons.