9 Nov 2006
KAN KAM CHO AND ANOTHER v. KAN CHIU NAM RAYMOND AND ANOTHER
- Citation
- KAN KAM CHO AND ANOTHER v. KAN CHIU NAM RAYMOND AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV91/2005
The Court held that the photogrammetry and supporting measurements were sufficient to establish that the defendant's house, as rebuilt in 1982/1983, did not extend further onto Lot 3443 than the earlier building and that adverse possession by the defendant had continued unchallenged for well in excess of 20 years; in light of the Court of Final Appeal authority on the Extension Ordinance the defendant could rely on occupation prior to the Ordinance, so the plaintiffs' injunction and delivery-up claim failed.