19 Mar 2020
CHAN SAN v. HANS LI, the person appointed to represent the estate of KAM SHUI MAN, the Deceased AND OTHERS
- Citation
- [2020] HKCA 166
- Court
- Court of Appeal
- Case number
- CACV189/2019
The Court of Appeal upheld the trial judge's finding that the plaintiff had adversely possessed Area A since at least 1997 and dismissed the appeal in respect of Area A because the judge's factual findings were not plainly wrong; however the court set aside the declaration in respect of non-contiguous Area B because the judge failed properly to address material evidence that the footpath and mud tracks served other lands and therefore did not establish exclusive factual possession and animus in respect of Area B.