28 Feb 2020
CHENG KA SHING v. BONUS PLUS CO LTD
- Citation
- [2020] HKCFI 277
- Court
- Court of First Instance
- Case number
- HCA674/2013
The Plaintiff failed to discharge the heavy burden to prove continuous exclusive factual possession and the requisite animus since about 1980; his testimony was not credible, lacked contemporaneous corroborative documents, contained contradictions and late embellishments, and key corroborating witnesses were not called. Consequently adverse possession was not established, the illegality and concealment defences did not avail the Defendant, and the Defendant is entitled to possession and nominal damages; Plaintiff's claim dismissed and counterclaim for possession granted.