7 Feb 2018
YIP YAN CHEUNG GARY v. CHOW TIN CHOI
- Citation
- [2018] HKCA 70
- Court
- Court of Appeal
- Case number
- CACV123/2016
The appeal was allowed because the trial judge's findings about possession between 1981 and 2002 were equivocal and critical facts about dispossession after the 1981 repossession were not properly pleaded or investigated; accordingly the matter is remitted for a limited retrial on dispossession since 1981 and the nature and extent of occupation 1981–2002, and the Defendant is granted leave to amend pleadings to plead an alternative case of adverse possession commencing after 1981.