26 Apr 2018
YIP KWOK SUN v. POLY-STYLE LTD
- Citation
- [2018] HKDC 437
- Court
- District Court
- Case number
- DCMP2891/2011
On the balance of probabilities the Yip family acquired factual and exclusive possession of the disputed portion for the requisite continuous period (at least 12 years prior to commencement) and the deceased developed the requisite intention to possess; the Tong defence failed for lack of evidence of living members; accordingly defendant's title to that portion was extinguished under s.17 Limitation Ordinance and the plaintiff acquired a possessory title; defendant's trespass counterclaim dismissed.