LEUNG KIU YIP (梁橋葉) 及另一人 對 KWAN WA OI (關華靄), Administratrix of the Estate of Yip Shik Pui(葉錫培),deceased

LEUNG KIU YIP (梁橋葉) 及另一人 對 KWAN WA OI (關華靄), Administratrix of the Estate of Yip Shik Pui(葉錫培),deceased

The court accepted the contemporaneous rent book, supporting documents from prior proceedings and credible witness evidence as proving an annual oral tenancy; accordingly the defendant failed to establish the requisite exclusive intention for adverse possession and the plaintiff was entitled to vacant possession and...

Source-derived case information.

Citation
[2020] HKDC 74
Parties
Plaintiff: LEUNG KIU YIP; Plaintiff: TONG HUIJIAN; Defendant: KWAN WA OI, Administratrix of the Estate of Yip Shik Pui (deceased)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
23 January 2020
Case Number
DCCJ3728/2014
Procedural Posture
Civil Possession/land Dispute (mesne Profits) / Trial Judgment
Outcome
Plaintiff's claim allowed; Defendant's counterclaim for adverse possession dismissed.
Legal Topics
Oral Tenancy, Adverse Possession (limitation), Hearsay Admissibility, Mesne Profits, Credibility Assessment
Source Language
ch
Property Law Landlord and Tenant Adverse Possession Evidence Law Oral Tenancy Adverse Possession (limitation) Hearsay Admissibility Mesne Profits +1 more

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Parties

LEUNG KIU YIP

Plaintiff

TONG HUIJIAN

Plaintiff

KWAN WA OI, Administratrix of the Estate of Yip Shik Pui (deceased)

Defendant

Procedural Posture

Civil Possession/land Dispute (mesne Profits) / Trial Judgment

  1. 1 Whether an oral tenancy existed between the deceased landowner and the occupier
  2. 2 Whether the occupier established adverse possession (sufficient exclusive possession and intention to exclude the world)
  3. 3 Whether hearsay evidence of the deceased landlord could be admitted under the Evidence Ordinance

Ratio Decidendi

The court accepted the contemporaneous rent book, supporting documents from prior proceedings and credible witness evidence as proving an annual oral tenancy; accordingly the defendant failed to establish the requisite exclusive intention for adverse possession and the plaintiff was entitled to vacant possession and mesne profits at HKD1,500 per year from 1 January 2014.

Court Disposition

Plaintiff's claim allowed; Defendant's counterclaim for adverse possession dismissed.

Orders

  • Defendant to deliver vacant possession of the disputed land to the plaintiffs.
  • Defendant to pay mesne profits to the plaintiffs from 1 January 2014 until delivery of vacant possession calculated at HKD1500 per annum.