UNIJET LTD. v. YIU KWAI HOI

UNIJET LTD. v. YIU KWAI HOI

Court found on facts the defendant occupied by licence and accepted an oral yearly tenancy in 1991 (so no animus possidendi); alternatively even if adverse possession existed, s.6 of the Extension Ordinance created a new/extended lease (a new source of title) enabling the plaintiff to commence possession proceedings...

Source-derived case information.

Citation
UNIJET LTD. v. YIU KWAI HOI
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 June 2002
Case Number
HCA13637/1998
Procedural Posture
Land Possession / Judgment
Outcome
Judgment for plaintiff for possession of the property (excluding lands coloured pink hatched black, green hatched black and green on the plan); counterclaim dismissed
Legal Topics
Adverse Possession, Licence, Oral Tenancy, New Territories Leases (extension) Ordinance
Source Language
en
Property Land Law Statutory Interpretation Limitation Adverse Possession Licence Oral Tenancy New Territories Leases (extension) Ordinance

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Land Possession / Judgment

Legal Issues

  1. 1 Whether the Extension Ordinance (Cap.150) gives the plaintiff a new lease/source of title enabling eviction despite any prior adverse possession
  2. 2 Whether the defendant occupied by adverse possession or by licence/oral tenancy

Ratio Decidendi

Court found on facts the defendant occupied by licence and accepted an oral yearly tenancy in 1991 (so no animus possidendi); alternatively even if adverse possession existed, s.6 of the Extension Ordinance created a new/extended lease (a new source of title) enabling the plaintiff to commence possession proceedings and defeat any possessory title under Limitation principles as explained in Lam Island.

Court Disposition

Judgment for plaintiff for possession of the property (excluding lands coloured pink hatched black, green hatched black and green on the plan); counterclaim dismissed

Orders

  • Possession awarded to plaintiff for the property excluding the land coloured pink hatched black and green hatched black and the land coloured green on the plan
  • Counterclaim dismissed