30 Dec 2022
GOTLAND ENTERPRISES LTD v. KWOK CHI YAU AND OTHERS
- Citation
- [2022] HKCFI 3846
- Court
- Court of First Instance
- Case number
- HCMP4550/2003
The 6th defendant did not prove on the balance of probabilities that he entered into exclusive adverse possession of the disputed land within the required window (August 1991 to 15 October 1991). His written and oral evidence was inconsistent and contradicted the agreed expert survey and aerial photographic evidence (which indicated pre‑existing fences and temporary structures). Consequently his counterclaim for adverse possession fails and the plaintiff is entitled to possession and a declaration that its title was not extinguished by limitation.