24 Nov 2017
CHEERMARK INVESTMENT LTD v. THE DIRECTOR OF LANDS
- Citation
- CHEERMARK INVESTMENT LTD v. THE DIRECTOR OF LANDS
- Court
- Court of Appeal
- Case number
- CACV165/2016
Court held the Tribunal erred in construing ‘dwelling houses’ by reliance on the 1903 Ordinance and on ejusdem generis to include shop use; however the Tribunal’s factual finding that the Government had abandoned the user covenant by long acquiescence was not disturbed; section 12(b) does not preclude compensation based on an acquiesced use where the covenant has been abandoned, so the Director’s appeals were dismissed and the Tribunal’s compensation approach on the basis of the acquiesced use stands.