9 Apr 2001
LAU SIU KWONG DAVID AND OTHERS v. THE PERSONAL REPRESENTATIVES OF LEE ON YUEN, DECEASED
- Citation
- LAU SIU KWONG DAVID AND OTHERS v. THE PERSONAL REPRESENTATIVES OF LEE ON YUEN, DECEASED
- Court
- Court of First Instance
- Case number
- HCA10001/2000
The licence to occupy terminated on the owner's death in 1966; subsequent uninterrupted adverse possession by the licensee and those claiming through him for more than 20 years barred any action to recover possession under s7(2) and extinguished the deceased's title under s17 of the Limitation Ordinance; accordingly plaintiffs are entitled to declarations that the estate has lost the right to recover and that the deceased's title has been extinguished, but plaintiffs cannot assert a better possessory title than their father absent evidence of dispossession and the court will not order vacatio…