TSUI LOK HEI v. CHAN SUET YAN, the person appointed to represent the estate of PANG HO TONG, deceased AND OTHERS

TSUI LOK HEI v. CHAN SUET YAN, the person appointed to represent the estate of PANG HO TONG, deceased AND OTHERS

Plaintiff failed to prove adverse possession because his factual evidence was inconsistent, unreliable and lacked objective corroboration; the acts and documents relied upon did not establish the requisite degree of exclusive physical control or animus possidendi for the statutory period; registered owners therefore retain entitlement to possession; defendants entitled to nominal damages and costs as ordered.

Citation
[2025] HKDC 2011
Parties
Plaintiff (original Claim); 1st Defendant (counterclaim): Chan Suet Yan (person appointed to represent the estate of Pang Ho Tong, deceased); 1st Defendant (original Claim); Plaintiff (counterclaim): Tsui Lok Hei; 2nd Defendant (original Claim): Sharp Union Inc Limited; 2nd Defendant (counterclaim): 楊麗娟; 3rd Defendant (discontinued): 黃嘉慧; 4th Defendant (discontinued): 黃永謠; 5th Defendant (counterclaim): All other occupiers of Section A, Section B and the Remaining Portion of Taxlord Lot No. 279 in D.D. 89
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
2 December 2025
Case Number
DCCJ6227/2019
Procedural Posture
Adverse Possession Claim Against Registered Paper Owners; Counterclaims for Recovery of Possession and Trespass / Judgment at First Instance (district Court)
Outcome
Plaintiff's claims dismissed; judgment entered for 1st Defendant's counterclaim in nominal damages; costs to defendants
Legal Topics
Adverse Possession, Possessory Title, Animus Possidendi, Trespass, Costs
Source Language
EN
Property Law Land Law Civil Procedure Adverse Possession Possessory Title Animus Possidendi Trespass Costs

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Parties

Chan Suet Yan (person appointed to represent the estate of Pang Ho Tong, deceased)

Plaintiff (original Claim); 1st Defendant (counterclaim)

Tsui Lok Hei

1st Defendant (original Claim); Plaintiff (counterclaim)

Sharp Union Inc Limited

2nd Defendant (original Claim)

楊麗娟

2nd Defendant (counterclaim)

黃嘉慧

3rd Defendant (discontinued)

黃永謠

4th Defendant (discontinued)

All other occupiers of Section A, Section B and the Remaining Portion of Taxlord Lot No. 279 in D.D. 89

5th Defendant (counterclaim)

Procedural Posture

Adverse Possession Claim Against Registered Paper Owners; Counterclaims for Recovery of Possession and Trespass / Judgment at First Instance (district Court)

Legal Issues

  1. 1 Whether the plaintiff established factual possession of the Suit Land for the relevant 20 year limitation period
  2. 2 Whether the plaintiff established the requisite intention to possess (animus possidendi) to exclude the world including the paper owners
  3. 3 Whether alleged 1st and 2nd agreements transferred proprietary interests to the plaintiff

Ratio Decidendi

Plaintiff failed to prove adverse possession because his factual evidence was inconsistent, unreliable and lacked objective corroboration; the acts and documents relied upon did not establish the requisite degree of exclusive physical control or animus possidendi for the statutory period; registered owners therefore retain entitlement to possession; defendants entitled to nominal damages and costs as ordered.

Court Disposition

Plaintiff's claims dismissed; judgment entered for 1st Defendant's counterclaim in nominal damages; costs to defendants

Orders

  • Plaintiff's claims against 1st Defendant and 2nd Defendant dismissed
  • Judgment for 1st Defendant's counterclaim for nominal damages of HK$100 against the Plaintiff and 楊麗娟