CHAN CHUN HANG v. CAO MING NAN AND OTHERS

CHAN CHUN HANG v. CAO MING NAN AND OTHERS

Evidence established on balance of probabilities that the claimed parts of the Lot (Pink Land by D1-5; Brown Land, Hash Pink Land and Blue Wall by unit owners and D13; Red, Orange and Purple Lands as occupied by D11 and D12) were enclosed and exclusively used by defendants or unit owners from c.1996/97 (or by 1999...

Source-derived case information.

Citation
[2025] HKDC 644
Parties
Plaintiff: CHAN CHUN HANG; 1st Defendant: CAO MING NAN; 2nd Defendant: LAU SHIU CHEONG STEPHEN; 3rd Defendant: LUI MO YUNG; 4th Defendant: WONG HON MAN; 5th Defendant: YU SHAN HUNG; 6th Defendant (discontinued): TAM WAI CHI; 7th Defendant (discontinued): TSANG CHI YUEN SAM; 8th Defendant (discontinued): CHAN FUNG HAR; 9th Defendant (discontinued): CHEUNG PIK WAN; 10th Defendant (discontinued): KWOK HOI YI; 11th Defendant: WONG CHI WAI JOHNNY; 12th Defendant: LAU KIT TONG; 13th Defendant: THE INCORPORATED OWNERS OF TUEN MUN FORTRESS GARDEN
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
6 May 2025
Case Number
DCCJ2655/2013
Procedural Posture
Civil Action for Recovery of Land and Mesne Profits (adverse Possession) / Judgment Following Trial (hearing Dates 9,10,11,13 December 2024; Judgment 6 May 2025)
Outcome
Plaintiff's claims dismissed in respect of parts of the Lot occupied by defendants; declarations made that defendants (D1-5 and D13) acquired possessory title by adverse possession; plaintiff permitted to recover possession against D11 and D12 in respect of specified small areas; costs awarded to defendants...
Legal Topics
Adverse Possession, Possessory Title, Declarations, Mesne Profits, Costs, Expert Evidence Scope, Service/default Judgment
Source Language
en
Property Law Civil Procedure Limitation Law Evidence (expert and Witness) Adverse Possession Possessory Title Declarations Mesne Profits +3 more

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Parties

CHAN CHUN HANG

Plaintiff

CAO MING NAN

1st Defendant

LAU SHIU CHEONG STEPHEN

2nd Defendant

LUI MO YUNG

3rd Defendant

WONG HON MAN

4th Defendant

YU SHAN HUNG

5th Defendant

TAM WAI CHI

6th Defendant (discontinued)

TSANG CHI YUEN SAM

7th Defendant (discontinued)

CHAN FUNG HAR

8th Defendant (discontinued)

CHEUNG PIK WAN

9th Defendant (discontinued)

KWOK HOI YI

10th Defendant (discontinued)

WONG CHI WAI JOHNNY

11th Defendant

LAU KIT TONG

12th Defendant

THE INCORPORATED OWNERS OF TUEN MUN FORTRESS GARDEN

13th Defendant

Procedural Posture

Civil Action for Recovery of Land and Mesne Profits (adverse Possession) / Judgment Following Trial (hearing Dates 9,10,11,13 December 2024; Judgment 6 May 2025)

Legal Issues

  1. 1 Whether defendants have acquired possessory title by adverse possession over parts of Lot No 1463 DD 130
  2. 2 Whether the Estate was enclosed such that defendants exercised exclusive physical control
  3. 3 Whether animus possidendi existed for the requisite 12 year period

Ratio Decidendi

Evidence established on balance of probabilities that the claimed parts of the Lot (Pink Land by D1-5; Brown Land, Hash Pink Land and Blue Wall by unit owners and D13; Red, Orange and Purple Lands as occupied by D11 and D12) were enclosed and exclusively used by defendants or unit owners from c.1996/97 (or by 1999 for D13) with requisite factual possession and intention to possess; limitation period of 12 years therefore extinguished plaintiff's title and defendants acquired possessory title under Limitation Ordinance (Cap 347) ss 7,8,13.

Court Disposition

Plaintiff's claims dismissed in respect of parts of the Lot occupied by defendants; declarations made that defendants (D1-5 and D13) acquired possessory title by adverse possession; plaintiff permitted to recover possession against D11 and D12 in respect of specified small areas; costs awarded to defendants...

Orders

  • P's claim against D1-5 dismissed
  • Declaration that D1-5 have acquired a possessory title to the Pink Land by adverse possession by virtue of sections 7, 8 and 13 of the Limitation Ordinance (Cap 347)