29 Oct 2008
KAN KAM CHO AND ANOTHER v. KAN CHIU NAM RAYMOND AND ANOTHER
- Citation
- KAN KAM CHO AND ANOTHER v. KAN CHIU NAM RAYMOND AND ANOTHER
- Court
- Court of Final Appeal
- Case number
- FACV33/2007
The appeal is allowed because the defendants failed to prove the alleged historical encroachment by the old Lot 3590 house on Lot 3443, and in law the grant of tenancies after adverse possession commenced does not stop the running of the limitation period; accordingly the limitation defence fails and the plaintiffs' claim stands, subject to the agreed undertaking for sale of the encroached strip.