18 Feb 2011
YU KIT CHIU AND OTHERS v. CHAN SHEK WOO (陳錫湖) t/a “陳潮昌士多”
- Citation
- YU KIT CHIU AND OTHERS v. CHAN SHEK WOO (陳錫湖)<br>t/a “陳潮昌士多”
- Court
- Court of Appeal
- Case number
- CACV137/2010
Although defendant had factual possession from the 1960s, he failed to prove the requisite intention to possess to the exclusion of the registered owner because his 1970 signing of the Modification of Tenancy 'on behalf of registered land owner', his continued payment of permit/STW fees and the plaintiffs' involvement and consent in the 1985/86 STW demonstrated occupation with the owner's consent or on the owner's behalf; therefore adverse possession was not established and plaintiffs' claim for possession and mesne profits succeeds.