15 Feb 2024
CHAN WING TONG v. THE INCORPORATED OWNERS OF KAM CHUNG BUILDING (JAFFE ROAD) AND OTHERS
- Citation
- [2024] HKCFI 508
- Court
- Court of First Instance
- Case number
- HCA1581/2017
Court found on evidence that plaintiff and predecessors were in continuous exclusive factual possession of the Relevant Part from at least early 1974 and had animus possidendi, thus acquiring possessory title by early 1994; there was insufficient evidence of any licence or of public‑safety illegality sufficient to defeat the possessory claim under the range of factors approach; IO and MOs' counterclaims dismissed; an order for sale under Cap 545 would not affect the proven possessory title in this case.