MAN CHAN WING also known as CHAN WING MAN AND OTHERS v. CHEUNG HING WO AND ANOTHER

MAN CHAN WING also known as CHAN WING MAN AND OTHERS v. CHEUNG HING WO AND ANOTHER

The court found credible evidence that the Land was let to the defendant's father (Cheung) and that the defendant failed to prove adverse possession since 1994; the defendant's contention of long non-payment of rent was unpleaded and unsupported and was disallowed; accordingly the plaintiffs were entitled to judgment for vacant possession and damages for trespass and the defendant's counterclaim for possessory title was dismissed.

Citation
MAN CHAN WING also known as CHAN WING MAN AND OTHERS v. CHEUNG HING WO AND ANOTHER
Parties
1st Plaintiff: MAN CHAN WING (文燦榮) also known as CHAN WING MAN; 2nd Plaintiff: MAN CHAN WAH (文燦華) also known as CHAN WAH MAN; 3rd Plaintiff: MAN CHAN YING (文燦英) also known as CHAN YING MAN; 1st Defendant: CHEUNG HING WO (張慶和); 2nd Defendant: PERSON UNKNOWN in occupation of Lot Nos. 630, 631, 632 and 634 all in Demarcation District No. 105, Yuen Long, New Territories, Hong Kong
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 August 2015
Case Number
HCMP1129/2013
Procedural Posture
Possession Claim (land) / Judgment (court of First Instance)
Outcome
Judgment for plaintiffs; counterclaim dismissed.
Legal Topics
Possessory Title, Vacant Possession, Trespass, Damages, Termination of Tenancy, Evidence and Witness Credibility, Costs
Source Language
EN
Property Law Adverse Possession Landlord and Tenant Civil Procedure Possessory Title Vacant Possession Trespass Damages +3 more

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Parties

MAN CHAN WING (文燦榮) also known as CHAN WING MAN

1st Plaintiff

MAN CHAN WAH (文燦華) also known as CHAN WAH MAN

2nd Plaintiff

MAN CHAN YING (文燦英) also known as CHAN YING MAN

3rd Plaintiff

CHEUNG HING WO (張慶和)

1st Defendant

PERSON UNKNOWN in occupation of Lot Nos. 630, 631, 632 and 634 all in Demarcation District No. 105, Yuen Long, New Territories, Hong Kong

2nd Defendant

Procedural Posture

Possession Claim (land) / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether there was a tenancy of the Land to Cheung or to defendant's family
  2. 2 Whether defendant established adverse possession since about 1994
  3. 3 Whether non-payment of rent terminated any periodic tenancy

Ratio Decidendi

The court found credible evidence that the Land was let to the defendant's father (Cheung) and that the defendant failed to prove adverse possession since 1994; the defendant's contention of long non-payment of rent was unpleaded and unsupported and was disallowed; accordingly the plaintiffs were entitled to judgment for vacant possession and damages for trespass and the defendant's counterclaim for possessory title was dismissed.

Court Disposition

Judgment for plaintiffs; counterclaim dismissed.

Orders

  • Order for vacant possession of Lot Nos 630, 631, 632 and 634 in Demarcation District No. 105, Yuen Long, New Territories, Hong Kong to plaintiffs
  • Damages for trespass awarded at HK$1,500 per annum payable from 7 March 2013 until delivery of vacant possession