26 Apr 2012
HERO SMART CORPORATION LTD v. 謝美娟 AND ANOTHER
- Citation
- HERO SMART CORPORATION LTD v. 謝美娟 AND ANOTHER
- Court
- District Court
- Case number
- DCMP346/2010
The court found on the balance of probabilities that the defendant and her predecessor had factual possession and animus possidendi of the land from at least July 1997; the 12-year limitation period expired by June 2009 and the Plaintiff's action (Feb 2010) was time-barred under Limitation Ordinance Cap 347, so the Plaintiff's title was extinguished and the Plaintiff's claim was dismissed with judgment for the 1st Defendant on her counterclaim.