CEDRIC HERVEY ONG v. WONG SUK LIN AND OTHERS

CEDRIC HERVEY ONG v. WONG SUK LIN AND OTHERS

The court held for the Plaintiff: the evidence established express and implied licences (including the 1989 licence, the 2002 funeral licence and licences during asserted visits) which prevented the Defendants' occupation from being adverse; the Defendants failed to prove the requisite intention to exclude the true...

Source-derived case information.

Citation
[2018] HKCFI 2040
Parties
Plaintiff: Plaintiff; 1st Defendant: 1st Defendant; 2nd Defendant: 2nd Defendant; 3rd Defendant: 3rd Defendant; 4th Defendant: 4th Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 September 2018
Case Number
HCA650/2015
Procedural Posture
Civil Property Dispute Recovery of Possession / Adverse Possession / Judgment After Trial
Outcome
Judgment for the Plaintiff; Defendants failed to establish adverse possession and Plaintiff's claim for recovery of possession succeeds.
Legal Topics
Adverse Possession, Licence, Mesne Profits, Amendment of Pleadings
Source Language
en
Property Law Civil Procedure Adverse Possession Licence Mesne Profits Amendment of Pleadings

Source-derived case record

Summary, issues, holding and outcome

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Parties

Plaintiff

Plaintiff

1st Defendant

1st Defendant

2nd Defendant

2nd Defendant

3rd Defendant

3rd Defendant

4th Defendant

4th Defendant

Procedural Posture

Civil Property Dispute Recovery of Possession / Adverse Possession / Judgment After Trial

Legal Issues

  1. 1 Whether occupation after Wong's death was adverse possession
  2. 2 Whether express or implied licences were granted permitting occupation
  3. 3 Whether occupants had requisite animus possidendi (intention to possess)

Ratio Decidendi

The court held for the Plaintiff: the evidence established express and implied licences (including the 1989 licence, the 2002 funeral licence and licences during asserted visits) which prevented the Defendants' occupation from being adverse; the Defendants failed to prove the requisite intention to exclude the true owners and therefore adverse possession was not made out.

Court Disposition

Judgment for the Plaintiff; Defendants failed to establish adverse possession and Plaintiff's claim for recovery of possession succeeds.

Orders

  • Judgment for the Plaintiff
  • Defendants to give up possession of the Property