6 Apr 2018
The plaintiff's admission that he would pay rent if asked demonstrates absence of the requisite animus possidendi; accordingly adverse possession was not established and the plaintiff's claim was dismissed.
3 Feb 2016
The court declined to grant the declaratory relief in default because the Statement of Claim lacked requisite particulars to establish continuous exclusive possession for the statutory period and, given the plaintiffs' extended periods outside Hong Kong and the present evidence the land was barren, it was not appropriate to exercise the discretionary power under Order 19 r.7 to enter judgment without hearing evidence; the plaintiffs must prove their entitlement at trial.
22 Mar 2013
Defendant failed to prove on the balance of probabilities and by compelling evidence that it had been in adverse possession of the entirety of Area A for the requisite period or that the 2002 tenancy excluded Houses 47 and 48 and Area A; the 2002 tenancy more likely covered all land the defendant occupied and had become a periodic tenancy by the time plaintiff purchased; notice to quit valid; enter judgment for plaintiff for delivery of vacant possession, award mesne profits of HKD 9,000 per month from 1 Feb 2008 with interest, dismiss defendant's counterclaim and award costs as ordered.