NG HUNG NGAN v. YEUNG FOOK MUI AND ANOTHER

NG HUNG NGAN v. YEUNG FOOK MUI AND ANOTHER

Summary judgment was refused because the plaintiff's own pleaded facts (being "allowed" to use the land) raised disputed questions of fact and law about licence, the relationship between parties, and the requisite animus possidendi, and the acts pleaded (cultivation and small farmhouses on part only) were insufficient on the pleadings to demonstrate exclusive possession of the entire land; therefore triable issues exist and the claim must proceed to trial.

Citation
NG HUNG NGAN v. YEUNG FOOK MUI AND ANOTHER
Parties
Plaintiff: Plaintiff; Defendant: Defendants
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 August 2014
Case Number
HCA2296/2013
Procedural Posture
Adverse Possession Summary Judgment Application / Application for Summary Judgment; Decision (dismissed)
Outcome
Application for summary judgment dismissed.
Legal Topics
Adverse Possession, Possessory Title, Summary Judgment, Animus Possidendi, Licence
Source Language
EN
Property Law Civil Procedure Adverse Possession Possessory Title Summary Judgment Animus Possidendi Licence

Case Brief

Summary, issues, holding and outcome

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Parties

Plaintiff

Plaintiff

Defendants

Defendant

Procedural Posture

Adverse Possession Summary Judgment Application / Application for Summary Judgment; Decision (dismissed)

Legal Issues

  1. 1 Whether the plaintiff had possessed the land adversely from 1981
  2. 2 Whether permission by a third party (being "allowed" to use the land) amounted to a licence preventing adverse possession
  3. 3 Whether acts pleaded (growing and harvesting vegetables; building small farm houses on part) constituted open, single and exclusive possession of the whole land

Ratio Decidendi

Summary judgment was refused because the plaintiff's own pleaded facts (being "allowed" to use the land) raised disputed questions of fact and law about licence, the relationship between parties, and the requisite animus possidendi, and the acts pleaded (cultivation and small farmhouses on part only) were insufficient on the pleadings to demonstrate exclusive possession of the entire land; therefore triable issues exist and the claim must proceed to trial.

Court Disposition

Application for summary judgment dismissed.

Orders

  • Application for summary judgment dismissed.
  • Costs awarded to the defendants.