Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Limitation ordinance (extinguishment)

Legal area

Court

8 Dec 2021

CHEUNG ELIZABETH v. WONG KIM CHI AND OTHERS

Citation

[2022] HKCFI 587
Court

Court of First Instance
Case number

HCA254/2017

The court held that the pleaded facts in the amended statement of claim established exclusive factual possession and intention to possess by the plaintiff since May 1998, that the defendants had notice of the application, and that the statutory limitation provisions (ss 7(2) and 17 Cap 347) extinguished the defendants' title; accordingly declaratory relief was appropriate on the default application, limited to possessory title and extinguishment rather than ordering registration.
12 May 2021

PANG KWAN CHUN v. MAN SHUN PING AND ANOTHER

Citation

[2021] HKDC 491
Court

District Court
Case number

DCCJ5200/2015

The court found on the balance of probabilities that the Plaintiff and her late husband exercised factual possession of the disputed Green Area by cultivation, maintenance and use of associated structures and access routes, and showed animus possidendi (including exclusionary acts such as gates and an eviction incident); the requisite limitation period of 12 years from about 1998 was satisfied so the Defendants' registered title was extinguished under section 17 of the Limitation Ordinance; separately, continuous user of the Footbridge, Footpath and Track for over 20 years gave rise to prescr…