29 May 2023
MAN KING CHUEN AND OTHERS v. HONG LOK YUEN INTERNATIONAL SCHOOL ASSOCIATION LTD AND ANOTHER
- Citation
- [2023] HKCFI 1435
- Court
- Court of First Instance
- Case number
- HCA299/2011
The court found the 1st Agreement never validly passed title and, on the facts, had been frustrated and abandoned by 1987 so it was unenforceable and its registration could be vacated; D1 occupied Portions B and C with D2's permission (licence) and lacked animus to found adverse possession; D2, as developer and subsequent overholding tenant after expiry of P6 leases, had factual possession and animus in respect of the Subject Lot and the limitation period had run such that Ps obtained vacant possession; however applying Leung Kuen Fai and expert evidence on tso customary law the Plaintiffs' p…