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

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

The plaintiff failed to discharge the burden to show adverse possession: his evidence was internally inconsistent, lacked credible corroboration, and did not establish exclusive physical control or the requisite animus possidendi for the statutory period; paper owners therefore retained possession and defendants' counterclaims succeed (nominal damages awarded).

Citation
[2025] HKDC 2011
Parties
Plaintiff / 1st Defendant by Counterclaim (as Represented): Chan Suet Yan (person appointed to represent the estate of Pang Ho Tong, deceased); 1st Defendant / Counterclaimant: Tsui Lok Hei; 2nd Defendant: Sharp Union Inc Limited; 2nd Defendant by Counterclaim: 楊麗娟 (Yang Li Juan); 3rd Defendant (discontinued): 黃嘉慧 (Huang Ka Wai); 4th Defendant (discontinued): 黃永謠 (Huang Wing Yiu); 5th Defendant by 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
DCCJ3407/2019
Procedural Posture
Civil Action Concerning Adverse Possession and Counterclaims for Recovery of Land / Judgment (trial Concluded)
Outcome
Plaintiff's claims dismissed; judgment entered for defendants on counterclaims as specified
Legal Topics
Adverse Possession, Factual Possession, Animus Possidendi, Trespass, Limitation Period, Credibility of Witnesses, Licences Vs Proprietary Rights
Source Language
EN
Property Law Land Law Civil Procedure Evidence Adverse Possession Factual Possession Animus Possidendi Trespass +3 more

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Parties

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

Plaintiff / 1st Defendant by Counterclaim (as Represented)

Tsui Lok Hei

1st Defendant / Counterclaimant

Sharp Union Inc Limited

2nd Defendant

楊麗娟 (Yang Li Juan)

2nd Defendant by Counterclaim

黃嘉慧 (Huang Ka Wai)

3rd Defendant (discontinued)

黃永謠 (Huang Wing Yiu)

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 by Counterclaim

Procedural Posture

Civil Action Concerning Adverse Possession and Counterclaims for Recovery of Land / Judgment (trial Concluded)

Legal Issues

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

Ratio Decidendi

The plaintiff failed to discharge the burden to show adverse possession: his evidence was internally inconsistent, lacked credible corroboration, and did not establish exclusive physical control or the requisite animus possidendi for the statutory period; paper owners therefore retained possession and defendants' counterclaims succeed (nominal damages awarded).

Court Disposition

Plaintiff's claims dismissed; judgment entered for defendants on counterclaims as specified

Orders

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