TSANG WING KIT ERIC AND ANOTHER v. THE OCCUPIER(S) AND OTHERS

TSANG WING KIT ERIC AND ANOTHER v. THE OCCUPIER(S) AND OTHERS

Court found on evidence that Plot 2 and Plot 3 formed the Subject Land and were leased to Luk Kee under an oral tenancy from 1982 which was terminated by notice effective 31 December 1994; accordingly limitation against the Plaintiff began at earliest 1 January 1995 (or after April 1998 when writ execution was resisted), the twelve year limitation applied, the Plaintiff's action of 3 June 2005 was within time, and the Defendants failed to prove exclusive adverse possession prior to the relevant dates, so Plaintiff was entitled to possession, nominal damages and costs.

Citation
TSANG WING KIT ERIC AND ANOTHER v. THE OCCUPIER(S) AND OTHERS
Parties
Plaintiff: Sam Tsoi & Co.; 2nd Defendant: Lee Yuk Sun; 3rd Defendant: Wong Kai Hung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 May 2009
Case Number
HCMP1154/2005
Procedural Posture
Possession / Recovery of Land / Judgment (court of First Instance)
Outcome
Judgment for Plaintiff; Defendants' counterclaim dismissed
Legal Topics
Adverse Possession, Limitation Period, Oral Tenancy, Tso/tong Ancestral Land Interests, Possession Order, Pleading Requirements
Source Language
EN
Property Land Law Limitation Equity/trusts Civil Procedure Adverse Possession Limitation Period Oral Tenancy +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 7 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Sam Tsoi & Co.

Plaintiff

Lee Yuk Sun

2nd Defendant

Wong Kai Hung

3rd Defendant

Procedural Posture

Possession / Recovery of Land / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether the Subject Land was leased to Luk Kee and when that tenancy terminated
  2. 2 Whether the 2nd and 3rd Defendants had exclusive possession of Plot 2 and Plot 3 prior to 3 June 1985
  3. 3 Which limitation period applies (12 vs 20 years) and effect of tenancy on accrual

Ratio Decidendi

Court found on evidence that Plot 2 and Plot 3 formed the Subject Land and were leased to Luk Kee under an oral tenancy from 1982 which was terminated by notice effective 31 December 1994; accordingly limitation against the Plaintiff began at earliest 1 January 1995 (or after April 1998 when writ execution was resisted), the twelve year limitation applied, the Plaintiff's action of 3 June 2005 was within time, and the Defendants failed to prove exclusive adverse possession prior to the relevant dates, so Plaintiff was entitled to possession, nominal damages and costs.

Court Disposition

Judgment for Plaintiff; Defendants' counterclaim dismissed

Orders

  • Order of possession of the Subject Land in favour of the Plaintiff
  • Defendants to remove their personal properties from the Subject Land within 14 days