WU YIM CHUNG v. LO WAI CHING AND ANOTHER

WU YIM CHUNG v. LO WAI CHING AND ANOTHER

The plaintiff failed to discharge the heavy burden of proving continuous exclusive factual possession and the requisite intention to exclude the world at large for the statutory period; material weaknesses (open southern entrance used by others, unproven metal chain and signboards, interruption in possession in 2004, surveyor access) defeated the adverse possession claim. Plaintiff's claim is dismissed and defendants are entitled to possession-related remedies subject to the court's findings on specific relief and quantum.

Citation
[2019] HKDC 806
Parties
Plaintiff: P; 1st Defendant: D1; 2nd Defendant: D2
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
17 June 2019
Case Number
DCCJ4434/2013
Procedural Posture
Adverse Possession / Declaration of Possessory Title / Trial Judgment (district Court)
Outcome
All plaintiff's claims dismissed; defendants successful on possession and injunction claims; mesne profits and quantum not awarded except nominal damages; costs order nisi made against plaintiff
Legal Topics
Adverse Possession, Possessory Title, Mesne Profits, Injunctions, Limitation
Source Language
EN
Property Land Law Civil Procedure Equity Adverse Possession Possessory Title Mesne Profits Injunctions +1 more

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Parties

P

Plaintiff

D1

1st Defendant

D2

2nd Defendant

Procedural Posture

Adverse Possession / Declaration of Possessory Title / Trial Judgment (district Court)

Legal Issues

  1. 1 Whether plaintiff had factual possession and requisite intention to possess the Suit Land for the requisite period (12 years)
  2. 2 Whether physical acts (fencing, hoardings, chains, signboards, use as open storage) amounted to exclusion of the world at large
  3. 3 Whether the southern entrance/track was exclusive to plaintiff or served others

Ratio Decidendi

The plaintiff failed to discharge the heavy burden of proving continuous exclusive factual possession and the requisite intention to exclude the world at large for the statutory period; material weaknesses (open southern entrance used by others, unproven metal chain and signboards, interruption in possession in 2004, surveyor access) defeated the adverse possession claim. Plaintiff's claim is dismissed and defendants are entitled to possession-related remedies subject to the court's findings on specific relief and quantum.

Court Disposition

All plaintiff's claims dismissed; defendants successful on possession and injunction claims; mesne profits and quantum not awarded except nominal damages; costs order nisi made against plaintiff

Orders

  • Dismissal of the plaintiff's claims in their entirety
  • Injunction ordering plaintiff to demolish structures and hoardings on the Suit Land and remove containers and vehicles (as located on the Suit Land)