25 Nov 2002
MUTUAL LUCK INVESTMENT LTD v. YEUNG CHI KUEN & OTHERS
- Citation
- MUTUAL LUCK INVESTMENT LTD v. YEUNG CHI KUEN & OTHERS
- Court
- Court of First Instance
- Case number
- HCMP6047/1998
The 39th Defendant's adverse possession defence fails: on the facts her occupation was not adverse but as sub‑tenant with rent paid (rebutting adverse possession); alternatively time did not run against the registered owner/lessee because rents were received up to termination (accrual postponed) and because the Cap.150 extension gave the lessee a specifically enforceable right linked to the prior lease (Chung Ping Kwan rationale), so the squatter could not defeat title; accordingly Plaintiff entitled to possession, mesne profits and costs.