KO KWOK KUE AND ANOTHER v. CHING TAT LOONG AND OTHERS

KO KWOK KUE AND ANOTHER v. CHING TAT LOONG AND OTHERS

Plaintiffs are entitled to possession of Lot 67 and to erect a fence; the 10th Defendant has no right of way over Lot 67 and is liable for trespass; an injunction is appropriate to prevent repeated trespass; damages for loss of use are properly assessed by rental value of the land occupied and interest and costs are awarded as adjusted by the court.

Citation
KO KWOK KUE AND ANOTHER v. CHING TAT LOONG AND OTHERS
Parties
1st Plaintiff: KO KWOK KUE; 2nd Plaintiff: RECKON ENTERPRISES (HONG KONG) LIMITED; 1st Defendant: CHING TAT LOONG; 2nd Defendant: YAU CHI HUNG; 3rd Defendant: CHOI MAY LUN; 4th Defendant: YAU LIN TAI; 5th Defendant: SHIU YUNG HO; 6th Defendant: YAU WAI WING; 7th Defendant: YAU KAI CHEONG; 8th Defendant: YAU SUI YAU; 9th Defendant: LINKEN RANGE CO. LTD.; 10th Defendant: LUK MAN FOON; 11th Defendant: YAU HOI YUNG; 12th Defendant: YAU KOON WAN; 13th Defendant: YEUNG AN NIE; 14th Defendant: MAK TING FAY; 15th Defendant: CHIU HUNG and IP YIP LING; 16th Defendant: FUNG HING LUN; 17th Defendant: LAI KWOK HO AND FAN MUI CHING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 February 1989
Case Number
HCA4586/1987
Procedural Posture
Civil Land Dispute (possession, Trespass, Right of Way, Injunction) / Trial Judgment Delivered
Outcome
Judgment for Plaintiffs against the 10th Defendant; 10th Defendant's counterclaim dismissed; declarations, injunction, damages, interest and costs ordered in favour of Plaintiffs.
Legal Topics
Possession, Right of Way, Easement, Injunction, Declaration, Damages, Interest, Costs Allocation
Source Language
EN
Property Law Land Law Equity Civil Procedure Damages Possession Right of Way Easement +4 more

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Parties

KO KWOK KUE

1st Plaintiff

RECKON ENTERPRISES (HONG KONG) LIMITED

2nd Plaintiff

CHING TAT LOONG

1st Defendant

YAU CHI HUNG

2nd Defendant

CHOI MAY LUN

3rd Defendant

YAU LIN TAI

4th Defendant

SHIU YUNG HO

5th Defendant

YAU WAI WING

6th Defendant

YAU KAI CHEONG

7th Defendant

YAU SUI YAU

8th Defendant

LINKEN RANGE CO. LTD.

9th Defendant

LUK MAN FOON

10th Defendant

YAU HOI YUNG

11th Defendant

YAU KOON WAN

12th Defendant

YEUNG AN NIE

13th Defendant

MAK TING FAY

14th Defendant

CHIU HUNG and IP YIP LING

15th Defendant

FUNG HING LUN

16th Defendant

LAI KWOK HO AND FAN MUI CHING

17th Defendant

Procedural Posture

Civil Land Dispute (possession, Trespass, Right of Way, Injunction) / Trial Judgment Delivered

Legal Issues

  1. 1 Whether the Plaintiffs are entitled to possession of Lot 67 and to erect a fence
  2. 2 Whether the 10th Defendant (and others) have a legal right of way or easement over Lot 67
  3. 3 Whether the access road had been dedicated as a public highway

Ratio Decidendi

Plaintiffs are entitled to possession of Lot 67 and to erect a fence; the 10th Defendant has no right of way over Lot 67 and is liable for trespass; an injunction is appropriate to prevent repeated trespass; damages for loss of use are properly assessed by rental value of the land occupied and interest and costs are awarded as adjusted by the court.

Court Disposition

Judgment for Plaintiffs against the 10th Defendant; 10th Defendant's counterclaim dismissed; declarations, injunction, damages, interest and costs ordered in favour of Plaintiffs.

Orders

  • Declaration that the 10th Defendant and his servants and agents are not entitled to enter or cross Lot 67 (the Plaintiffs' land)
  • Declaration that the 2nd Plaintiff is entitled to erect a fence along the boundary of Lot 67 to prevent entry or crossing by the 10th Defendant and his servants or agents