8 Jul 2024
LAM YU SHING AND ANOTHER v. THE OCCUPIER(S) AND ANOTHER
- Citation
- [2024] HKDC 1057
- Court
- District Court
- Case number
- DCCJ4161/2016
D2 failed to establish adverse possession: his pleaded case of joint possession (1992–2009) was not proved and his belated unpleaded tacking case was not permitted; alternatively, even if considered, D2 could not show continuous tacking or sufficient factual possession and animus possidendi post-2009, so Plaintiffs’ title was not extinguished as against D2; accordingly Plaintiffs succeed and mesne profits and costs are awarded.