Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Limitation ordinance ss7,17,23,38a
  • 27 Sept 2021

    CHIU SHUN CHEONG v. LI KWOK FUNG

    Citation
    [2021] HKDC 1226
    Court
    District Court
    Case number
    DCCJ535/2017

    Court found on the facts that Madam Hung and thereafter the plaintiff had continuous factual possession and the requisite intention to possess the Land from the 1960s; the MOT did not amount to an acknowledgement that defeated animus possidendi or interrupt the limitation period such as to prevent extinguishment; as a result the defendant's and predecessors' paper title was extinguished under Limitation Ordinance ss7,17 and 38A and the plaintiff acquired a possessory title and exclusive rights to the Land.