LAW KAM MING v. MOK WAN AND OTHERS

LAW KAM MING v. MOK WAN AND OTHERS

On the balance of probabilities the plaintiff proved exclusive, continuous and notorious factual possession of Areas A, B and C together with requisite intention to possess for over 20 years prior to the action; accordingly the paper owners' title to those areas is extinguished under s17 Limitation Ordinance and the plaintiff has acquired possessory title and is entitled to be registered as owner.

Citation
[2019] HKDC 1478
Parties
1st Defendant (registered Owner): Mok Wan; 2nd Defendant (registered Owner): Garsen Limited; 3rd Defendant (registered Owner): Joint Excel Limited; 4th Defendants (administrators/registered Owners): Leung Mo Tin and Chan Bo Wo (administrators of Chan Chok)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
12 November 2019
Case Number
DCCJ1463/2016
Procedural Posture
Adverse Possession / Land Recovery / Final Judgment After Trial
Outcome
Judgment for the plaintiff: declaration that registered owners' title to Areas A, B and C is extinguished and the plaintiff has acquired possessory title and is entitled to registration; no order as to costs; plaintiff's own costs to be taxed under Legal Aid Regulations.
Legal Topics
Adverse Possession, Possessory Title, Limitation Ordinance Transitional Provisions, Substituted Service, Expert Evidence
Source Language
EN
Property Land Law Limitation Law Civil Procedure Adverse Possession Possessory Title Limitation Ordinance Transitional Provisions Substituted Service +1 more

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Parties

Mok Wan

1st Defendant (registered Owner)

Garsen Limited

2nd Defendant (registered Owner)

Joint Excel Limited

3rd Defendant (registered Owner)

Leung Mo Tin and Chan Bo Wo (administrators of Chan Chok)

4th Defendants (administrators/registered Owners)

Procedural Posture

Adverse Possession / Land Recovery / Final Judgment After Trial

Legal Issues

  1. 1 Whether the plaintiff had factual possession and intention to possess Areas A, B and C for the requisite period to acquire possessory title
  2. 2 Whether registered owners' paper title was extinguished by limitation (s17 Limitation Ordinance)
  3. 3 Whether plaintiff is entitled to declaration and registration as owner of Areas A, B and C

Ratio Decidendi

On the balance of probabilities the plaintiff proved exclusive, continuous and notorious factual possession of Areas A, B and C together with requisite intention to possess for over 20 years prior to the action; accordingly the paper owners' title to those areas is extinguished under s17 Limitation Ordinance and the plaintiff has acquired possessory title and is entitled to be registered as owner.

Court Disposition

Judgment for the plaintiff: declaration that registered owners' title to Areas A, B and C is extinguished and the plaintiff has acquired possessory title and is entitled to registration; no order as to costs; plaintiff's own costs to be taxed under Legal Aid Regulations.

Orders

  • Declaration that the 1st, 2nd, 3rd and 4th defendants' title to Area A, Area B and Area C of the Remaining Portion of Lot No. 762 in D.D. 95 Sheung Shui, New Territories, Hong Kong is extinguished by virtue of section 17 of the Limitation Ordinance (Cap. 347).
  • Declaration that the plaintiff has been in adverse possession of Area A, Area B and Area C for a period of no less than 20 years prior to the commencement of the present action, has thereby acquired possessory title thereto and is entitled to be registered as owner of the said land in the Land Registry.