30 Aug 1996
Incorporated Owners of Homantin Mansion v. Power Rich Investment Ltd. and Another
- Citation
- Incorporated Owners of Homantin Mansion v. Power Rich Investment Ltd. and Another
- Court
- Lands Tribunal
- Case number
- LDBM41/1996
The Tribunal held that resolution requires determination whether s.7(2) Limitation Ordinance gives the Respondent adverse possession; if so the Applicant's enforcement application would have the effect of recovering land and thus s.7(2) is engaged. Section 45(3) BMO restricts the Tribunal from making orders that would void or substantially vary rights appearing in registered instruments, creating real doubt about the Tribunal's jurisdiction. Given the doubtful jurisdiction and significant policy and legal issues, the proper course is to transfer the matter to the High Court under s.8A of the…