4 Sept 2023
SO TIN HO v. LUI SZE MUI AND ANOTHER
- Citation
- [2023] HKDC 1235
- Court
- District Court
- Case number
- DCCJ6439/2019
Default judgment is refused because the plaintiff's pleadings do not establish the essential elements of adverse possession: there is no pleaded change from consent to non‑consent after the registered owner's death (so lack of intention to possess), no pleaded factual exclusive possession (no allegation of exclusive keys or exclusion of the owners, payments alone are insufficient), and no pleaded acts showing abandonment by the registered owners; accordingly declaratory relief cannot be granted on the existing pleadings.