REALRAY INVESTMENTS LTD v. YU PO CHI AND ANOTHER

REALRAY INVESTMENTS LTD v. YU PO CHI AND ANOTHER

On the facts the court accepted credible oral testimony and expert surveys that the Ho family and predecessors occupied, cultivated and used the disputed Yellow and Pink Areas continuously, openly and exclusively from at least 1968 and had the requisite animus possidendi; consequently the defendants acquired possessory title and the plaintiffs' paper title was extinguished before issue of writs under section 17 Limitation Ordinance; plaintiffs' claims dismissed.

Citation
REALRAY INVESTMENTS LTD v. YU PO CHI AND ANOTHER
Parties
Plaintiff (hca 3541/1993): Winpo Development Limited; Plaintiff (hca 2228/2011): Realray Investments Limited; 1st Defendant (hca 3541/1993): Wong Kar Fu; 2nd Defendant (hca 3541/1993): Ng Ka Fat; 3rd Defendant (hca 3541/1993) Deceased: Ho Sze Pui; 4th Defendant (hca 3541/1993): Leung Ying; 5th Defendant (hca 3541/1993): Ng Kam Lung; 6th Defendant (hca 3541/1993): Lai Chuen; 7th Defendant (hca 3541/1993): Lai Hing Man; 8th Defendant (hca 3541/1993): Cheuk Chun Wah; 9th Defendant (hca 3541/1993): Chan Cheuk Ping; 10th Defendant (hca 3541/1993): Kwok Hei Shing; 11th Defendant (hca 3541/1993): Lee Tak Yan; 12th Defendant (hca 3541/1993): Kwok Chun Hing; 13th Defendant (hca 3541/1993): Lam Shek Kong; 14th Defendant (hca 3541/1993): Wong Yiu Fung; 15th Defendant (hca 3541/1993): Kwok Sing; 16th Defendant (hca 3541/1993): Tang Mo Bun; 17th Defendant (hca 3541/1993): Ng Kam Hung; 18th Defendant (hca 3541/1993): Persons Occupying...; 1st Defendant (hca 2228/2011) / Administratrix (representative of Estate): Yu Po Chi; Representative of the Estate of Ho Sze Pui / Current Defendant Representative: Ho Kim Chuen
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 May 2017
Case Number
HCA2228/2011
Procedural Posture
Civil Property Dispute (adverse Possession) / Judgment Following Full Trial
Outcome
Plaintiffs' claims dismissed in both actions; declarations granted that defendants have possessory title to the Yellow Area (HCA 3541/1993) and the Pink Area (HCA 2228/2011); plaintiffs barred from bringing actions to recover those areas; plaintiffs' paper titles extinguished before issuance of writs under...
Legal Topics
Possessory Title, Animus Possidendi, Factual Possession, Evidence and Credibility, Declarations and Costs
Source Language
EN
Property Law Adverse Possession Limitation Law Civil Procedure Possessory Title Animus Possidendi Factual Possession Evidence and Credibility +1 more

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Parties

Winpo Development Limited

Plaintiff (hca 3541/1993)

Realray Investments Limited

Plaintiff (hca 2228/2011)

Wong Kar Fu

1st Defendant (hca 3541/1993)

Ng Ka Fat

2nd Defendant (hca 3541/1993)

Ho Sze Pui

3rd Defendant (hca 3541/1993) Deceased

Leung Ying

4th Defendant (hca 3541/1993)

Ng Kam Lung

5th Defendant (hca 3541/1993)

Lai Chuen

6th Defendant (hca 3541/1993)

Lai Hing Man

7th Defendant (hca 3541/1993)

Cheuk Chun Wah

8th Defendant (hca 3541/1993)

Chan Cheuk Ping

9th Defendant (hca 3541/1993)

Kwok Hei Shing

10th Defendant (hca 3541/1993)

Lee Tak Yan

11th Defendant (hca 3541/1993)

Kwok Chun Hing

12th Defendant (hca 3541/1993)

Lam Shek Kong

13th Defendant (hca 3541/1993)

Wong Yiu Fung

14th Defendant (hca 3541/1993)

Kwok Sing

15th Defendant (hca 3541/1993)

Tang Mo Bun

16th Defendant (hca 3541/1993)

Ng Kam Hung

17th Defendant (hca 3541/1993)

Persons Occupying...

18th Defendant (hca 3541/1993)

Yu Po Chi

1st Defendant (hca 2228/2011) / Administratrix (representative of Estate)

Ho Kim Chuen

Representative of the Estate of Ho Sze Pui / Current Defendant Representative

Procedural Posture

Civil Property Dispute (adverse Possession) / Judgment Following Full Trial

Legal Issues

  1. 1 Whether the defendants acquired possessory title by adverse possession of the Yellow Area (part of Lot 1829)
  2. 2 Whether the defendants acquired possessory title by adverse possession of the Pink Area (Lots 538, 539, 567, 568, 569, 570, 571, 572 and 574)
  3. 3 Whether plaintiffs' paper title was extinguished by limitation (Limitation Ordinance s17) prior to writs

Ratio Decidendi

On the facts the court accepted credible oral testimony and expert surveys that the Ho family and predecessors occupied, cultivated and used the disputed Yellow and Pink Areas continuously, openly and exclusively from at least 1968 and had the requisite animus possidendi; consequently the defendants acquired possessory title and the plaintiffs' paper title was extinguished before issue of writs under section 17 Limitation Ordinance; plaintiffs' claims dismissed.

Court Disposition

Plaintiffs' claims dismissed in both actions; declarations granted that defendants have possessory title to the Yellow Area (HCA 3541/1993) and the Pink Area (HCA 2228/2011); plaintiffs barred from bringing actions to recover those areas; plaintiffs' paper titles extinguished before issuance of writs under...

Orders

  • HCA 3541/1993: Declaration that 3rd defendant has possessory title to Yellow Area
  • HCA 3541/1993: Declaration that plaintiff is barred from bringing any action at law to recover the Yellow Area