MUN HING INVESTMENT CO LTD v. KWOK LAU SANG AND ANOTHER

MUN HING INVESTMENT CO LTD v. KWOK LAU SANG AND ANOTHER

Defendants failed to prove adverse possession by Kok Hok; the 1st Defendant acknowledged tenancy and paid rent evidenced by the genuine 1981 receipt and audited accounts showing HK$500/year to 1990, breaking any chain of adverse possession so the plaintiff's right of action had not been extinguished by limitation; plaintiff entitled to possession and mesne profits; counterclaim dismissed.

Citation
MUN HING INVESTMENT CO LTD v. KWOK LAU SANG AND ANOTHER
Parties
Plaintiff: Plaintiff; 1st Defendant: Mr. Kwok Lau Sang; 2nd Defendant: Other Occupiers
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
19 September 2006
Case Number
DCCJ4992/2002
Procedural Posture
Recovery of Land/possession / Judgment
Outcome
Plaintiff's claim for possession allowed; defendants' counterclaim dismissed.
Legal Topics
Adverse Possession, Limitation Period, Mesne Profits, Tenancy, Possession
Source Language
EN
Property Law Limitation Law Civil Procedure Adverse Possession Limitation Period Mesne Profits Tenancy Possession

Case Brief

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Parties

Plaintiff

Plaintiff

Mr. Kwok Lau Sang

1st Defendant

Other Occupiers

2nd Defendant

Procedural Posture

Recovery of Land/possession / Judgment

Legal Issues

  1. 1 Whether defendants extinguished plaintiff's title by adverse possession under the Limitation Ordinance
  2. 2 Whether an oral tenancy existed that interrupted adverse possession
  3. 3 Whether rent receipts and audited accounts proved acknowledgement of tenancy and payment of rent

Ratio Decidendi

Defendants failed to prove adverse possession by Kok Hok; the 1st Defendant acknowledged tenancy and paid rent evidenced by the genuine 1981 receipt and audited accounts showing HK$500/year to 1990, breaking any chain of adverse possession so the plaintiff's right of action had not been extinguished by limitation; plaintiff entitled to possession and mesne profits; counterclaim dismissed.

Court Disposition

Plaintiff's claim for possession allowed; defendants' counterclaim dismissed.

Orders

  • Judgment for possession granted against both defendants
  • Mesne profits against the 1st Defendant at HK$500 per year, pro rata for part years, from 1/1/2001 until delivery of possession