Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Discontinuance/abandonment
  • 22 Aug 2017

    TIERRA TRADING LTD AND ANOTHER v. LAND BASE LTD

    Citation
    TIERRA TRADING LTD AND ANOTHER v. LAND BASE LTD
    Court
    Court of First Instance
    Case number
    HCMP3074/2014

    Defendant failed to discharge the burden of proving adverse possession because there was no cogent evidence that the Blue Area had been incorporated into defendant's land, no evidence plaintiffs discontinued or abandoned possession, no unequivocal acts excluding the world including the paper owner, and the 1955 right of way and user by tenants did not amount to possession as of wrong; hearsay evidence lacking personal knowledge was inadmissible; accordingly plaintiffs are entitled to declarations, vacant possession and costs.