30 May 2018
LAI SUK YI v. HAU TSO HEE alias HAU CHO HEE STANLEY
- Citation
- [2018] HKCFI 1149
- Court
- Court of First Instance
- Case number
- HCA215/2014
The Court held that the Statement of Claim failed to disclose a reasonable cause of action in adverse possession because it lacked adequate particularity as to the precise area and boundaries, did not plead facts establishing factual possession or the requisite animus possidendi, and that documents and modification permits indicated occupation by permission rather than adverse possession; accordingly late amendments were refused as futile and none of the witness statements were allowed to stand as evidence-in-chief where credibility was in issue.