Hong Kong Case Law: Decisions & Judgments

Topic

Extinguishment of title under limitation

Legal area

Court

25 May 2023

RICH TREND LTD v. THE ESTATE OF WONG SAU, DECEASED

Citation

[2023] HKCFI 1406
Court

Court of First Instance
Case number

HCA2035/2020

The plaintiff established on the pleadings continuous adverse possession of the Property for a period exceeding the applicable limitation period and demonstrated sufficient service and appointment of the Official Solicitor; on a default judgment application the court may grant declaratory relief apparent from the statement of claim, therefore declarations were properly granted that the plaintiff acquired ownership by adverse possession and the defendant's rights were extinguished under s.17 Limitation Ordinance (Cap 347).
1 Aug 2019

CHAN SIU BOR v. CHAN HOW KEI AND ANOTHER

Citation

[2019] HKDC 1012
Court

District Court
Case number

DCCJ371/2017

Plaintiff demonstrated continuous factual possession and clear intention to possess the specified parts of Lot 555 and Lot 559 from November 1988 by overt acts of ownership and exclusion; the registered owners’ right to recover accrued before 1 July 1991 and is therefore governed by the 20-year limitation period, which has expired, extinguishing their title under ss 7(2), 17 and 38A of the Limitation Ordinance; accordingly declarations of possessory title and extinguishment of defendants' title were granted.
12 Nov 2018

FONG KAI SING v. CHAN CHI WAI ALEX AND OTHERS

Citation

[2018] HKDC 1331
Court

District Court
Case number

DCCJ5128/2015

The Deed was objectively construed as an outright gift of the Occupied Area; the plaintiff demonstrated exclusive physical possession and the requisite animus possidendi for the statutory period (more than 20 years prior to writ) so that the defendants' registered titles to the Occupied Area were extinguished under the Limitation Ordinance.
20 Oct 2017

CHUNG CHIU HING v. THE PERSONAL REPRESENTATIVE OF LAW SAM, DECEASED AND ANOTHER

Citation

CHUNG CHIU HING v. THE PERSONAL REPRESENTATIVE OF LAW SAM, DECEASED AND ANOTHER
Court

Court of Appeal
Case number

CAMP1/2017

Having found the 2nd defendant made diligent and extensive searches and enquiries and that the 1st defendant (the deceased's estate) is a party directly affected, the court held it was appropriate to appoint the Official Solicitor to represent the deceased's estate for the limited purpose of accepting service of the Notice of Appeal and Notice of Setting Down; the Official Solicitor's prior appointment in separate proceedings did not preclude appointment for this separate appeal; time for service and subsequent appeal steps was extended and advertising of the hearing was ordered.
27 May 2015

TANG PAT YOU v. LAU YET WAH, AMY

Citation

TANG PAT YOU v. LAU YET WAH, AMY
Court

District Court
Case number

DCCJ346/2014

The court found on the evidence that the plaintiff had continuous, exclusive factual possession and the requisite animus possidendi from March 1997 through March 2009; accordingly the defendant's registered title was extinguished by s17 Limitation Ordinance and the plaintiff is declared owner in possession, with costs to plaintiff.

Hong Kong Case Law

RICH TREND LTD v. THE ESTATE OF WONG SAU, DECEASED

CHAN SIU BOR v. CHAN HOW KEI AND ANOTHER

FONG KAI SING v. CHAN CHI WAI ALEX AND OTHERS

CHUNG CHIU HING v. THE PERSONAL REPRESENTATIVE OF LAW SAM, DECEASED AND ANOTHER

TANG PAT YOU v. LAU YET WAH, AMY