Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Limitation ordinance s7 s8 s13 s17 s38a
  • 19 May 2025

    HO KIN WING DENNIS v. SIT YAU LAN AND ANOTHER

    Citation
    [2025] HKDC 826
    Court
    District Court
    Case number
    DCMP3430/2016

    The court accepted the objective aerial and photographic evidence together with credible witness evidence that the Plaintiff and predecessors cultivated and exercised sufficient exclusive physical control and animus possidendi over the whole disputed lot from about 1997/1998 (or at latest by erection of fencing in 2004) continuously to 2016; accordingly limitation had run and the Defendant's registered title was extinguished, entitling the Plaintiff to a possessory title and declarations sought; counterclaim dismissed.