19 Feb 2019
TIN HAU WUI also known as TANG TIN HAU WUI with TANG FUK LEUNG as the Manager v. TING WAI MING AND ANOTHER
- Citation
- [2019] HKDC 216
- Court
- District Court
- Case number
- DCMP356/2013
The court found on the evidence (historical records, District Office and Rural Committee recognition, managers' appointments, distribution of compensation and birth certificates of 10 new members) that the plaintiff is a Chinese customary hereditary trust within s.15 NTO; applying Leung Kuen Fai, the births of the 10 new members meant the 1st defendant could not extinguish the plaintiff's title by adverse possession, therefore the plaintiff was entitled to judgment for recovery of possession, demolition, mesne profits and costs.