14 Nov 2023
WONG KOON WAH v. ALL PERSONS IN OCCUPATION OF LOT NO. 775 IN DEMARCATION DISTRICT 216 AND ANOTHER
- Citation
- [2023] HKCA 1279
- Court
- Court of Appeal
- Case number
- CACV12/2021
The Court accepted the trial judge's adverse credibility findings, upheld that the 1979 power of attorney was genuine, and concluded on the facts that the 2nd defendant and its predecessors acquired and exercised possession and equitable rights by reason of resulting trust/proprietary estoppel and by adverse possession for the requisite period; accordingly the plaintiff's appeal failed and the 2nd defendant's declarations and possessory findings stand.