YU TIM CHOI v. 俞東貴 AND ANOTHER

YU TIM CHOI v. 俞東貴 AND ANOTHER

Defendants failed to prove on the balance of probabilities that either Yu Loi Hei or Yu Tin had the requisite factual possession and intention to possess such that the plaintiff's registered title was extinguished; the occupants were licensees and time did not start to run against the plaintiff, so the plaintiff is entitled to possession and the defendants' counterclaim is dismissed.

Citation
YU TIM CHOI v. 俞東貴 AND ANOTHER
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
8 April 2009
Case Number
DCCJ5580/2006
Procedural Posture
Adverse Possession / Possession Claim / Judgment (district Court)
Outcome
Counterclaim dismissed; judgment for plaintiff for possession; order nisi for costs in favour of plaintiff with certificate for counsel.
Legal Topics
Adverse Possession, Possessory Title, Limitation, Tacking, Boundary Dispute, Costs
Source Language
EN
Property Law Civil Litigation Adverse Possession Possessory Title Limitation Tacking Boundary Dispute Costs

Case Brief

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Procedural Posture

Adverse Possession / Possession Claim / Judgment (district Court)

Legal Issues

  1. 1 Whether the plaintiff's title was extinguished by adverse possession before the 20-year limitation cut-off
  2. 2 Whether defendants or their predecessors had factual possession and the requisite intention to possess
  3. 3 Whether occupation by licence defeats a claim of adverse possession

Ratio Decidendi

Defendants failed to prove on the balance of probabilities that either Yu Loi Hei or Yu Tin had the requisite factual possession and intention to possess such that the plaintiff's registered title was extinguished; the occupants were licensees and time did not start to run against the plaintiff, so the plaintiff is entitled to possession and the defendants' counterclaim is dismissed.

Court Disposition

Counterclaim dismissed; judgment for plaintiff for possession; order nisi for costs in favour of plaintiff with certificate for counsel.

Orders

  • Counterclaim dismissed
  • Judgment for the plaintiff for possession of the subject lot