26 Jan 2024
LI KWONG SING AND OTHERS v. PERSON(S) UNKNOWN IN OCCUPATION OF PART (AS MARKED IN ORANGE IN THE ATTACHED PLAN) OF LOT NO. 2223 IN D.D. 76, NORTH, NEW TERRITORIES AND ANOTHER
- Citation
- [2024] HKDC 142
- Court
- District Court
- Case number
- DCMP845/2019
The 2nd defendant failed to prove the twin requirements of factual possession and animus possidendi for the requisite 12 years: the father remained a tenant and lacked intention to exclude the owners; the 2nd defendant's possession only commenced (as evidenced by CLP and aerial photos) between July and November 2007 with electricity and renovation activity thereafter, falling short of 12 years; accordingly plaintiffs are entitled to possession, the 2nd defendant's counterclaim is dismissed, and service on the 1st defendant was invalid so proceedings against them are adjourned sine die.