29 Mar 2016
POON MUI v. CHEONG WAI KIN STANLEY AND ANOTHER
- Citation
- POON MUI v. CHEONG WAI KIN STANLEY AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCMP2593/2012
Because rent was paid for Ngong Kwai Tau (including Lot 2158) with the last recorded receipt in 1999 the owner's right of action accrued in 1999; neither Cheung Wan nor the 1st defendant proved the requisite animus possidendi or exclusive factual possession of Lot 2158 prior to 14 November 2000, and the 1st defendant's written offer in June 2010 to return the premises further negates intention to exclude the owner. Therefore adverse possession was not established and the plaintiff is entitled to vacant possession, nominal damages and an injunction.