4 Dec 2023
TSANG WOON MING v. TSAN HING TAT HEIDI AND OTHERS
- Citation
- [2023] HKCA 1322
- Court
- Court of Appeal
- Case number
- CACV18/2022
On the evidence and factual findings by the trial judge the Court of Appeal held the plaintiff's occupation was permissive: an implied licence could be inferred from the family history, chain of title and continuing interactions with the registered owner (Madam Luk); plaintiff failed to prove exclusive animus possidendi and was in joint possession with his mother; therefore adverse possession was not made out and the appeal fails.