22 Jul 2009
MA KAM CHOI AND ANOTHERS v. MA KA WO AND ANOTHER
- Citation
- MA KAM CHOI AND ANOTHERS v. MA KA WO AND ANOTHER
- Court
- District Court
- Case number
- DCCJ5453/2007
Because the managers sued as trustees for beneficiaries whose rights were not barred, and because the 1st Defendant accepted appointment as manager and acknowledged the tong's title (and signed a tenancy acknowledgement), the Limitation Ordinance provisions (ss.20,23,10) prevent adverse possession from extinguishing the tong's title; the 1st Defendant's adverse possession defence and counterclaim therefore fail and the tong is entitled to vacant possession, arrears, mesne profits, demolition and damages.