HO PAK WING v. The estate of CHU PAO LIANG (諸葆良) (alias PAO LIANG CHU), deceased

HO PAK WING v. The estate of CHU PAO LIANG (諸葆良) (alias PAO LIANG CHU), deceased

The court found on the facts that Ho had been in adverse possession of Lot 66F since about 1966/67, for a period exceeding 12 years before 16 October 2009, and therefore the plaintiff, as his executrix, was entitled to the lawful interest in Lot 66F and the relief sought in paragraphs 1 and 2 of the inter parte summons was granted.

Citation
HO PAK WING v. The estate of CHU PAO LIANG (諸葆良) (alias PAO LIANG CHU), deceased
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
16 May 2013
Case Number
DCCJ4498/2009
Procedural Posture
Adverse Possession / Land Dispute / Decision (chambers)
Outcome
Inter partes summons granted in terms of paragraphs 1 and 2; plaintiff entitled as executrix to the interest in Lot 66F; no order as to costs.
Legal Topics
Adverse Possession, Possession, Title, Executorship, Land Registration
Source Language
EN
Property Adverse Possession Succession Possession Title Executorship Land Registration

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Procedural Posture

Adverse Possession / Land Dispute / Decision (chambers)

Legal Issues

  1. 1 Whether Ho Pak Wing acquired title to Lot 66F by adverse possession
  2. 2 Whether the plaintiff as executrix inherits any title or interest in Lot 66F
  3. 3 Whether the registered owner Chu Pao Liang was dispossessed such that title passed to Ho and his successors

Ratio Decidendi

The court found on the facts that Ho had been in adverse possession of Lot 66F since about 1966/67, for a period exceeding 12 years before 16 October 2009, and therefore the plaintiff, as his executrix, was entitled to the lawful interest in Lot 66F and the relief sought in paragraphs 1 and 2 of the inter parte summons was granted.

Court Disposition

Inter partes summons granted in terms of paragraphs 1 and 2; plaintiff entitled as executrix to the interest in Lot 66F; no order as to costs.

Orders

  • Order in terms of paragraph 1 of the inter parte summons
  • Order in terms of paragraph 2 of the inter parte summons