4 May 2021
SARAH SALLY CHAN-KENT (Executrix of the estate of RUBY JIM SUNYOU alias RUBY KANG YOU JIM (NEE) WONG, deceased) v. CHIM SAU CHING AND ANOTHER
- Citation
- [2021] HKCA 648
- Court
- Court of Appeal
- Case number
- CACV40/2020
The Court upheld the trial judge’s factual findings that the occupiers (Cheung Koon Tai and subsequently the 1st defendant) had continuous factual possession coupled with the requisite intention (including vicarious possession for family branches) from 27 March 1981 such that the registered owner’s cause of action was time‑barred under the Limitation Ordinance and the declarations of possessory title below were correct; alternative equitable claims did not undermine adverse possession or justify upsetting the findings.