9 Sept 2024
THE INCORPORATED OWNERS OF CHEONG FAT FACTORY BUILDING (FLATS A, B, E & F) AND ANOTHER v. WONG YUET HAN黃月嫻trading as MAN LEE HONG民利行, being THE OCCUPIER OF A STRUCTURE ERECTED UNDER THE ESCAPE STAIRCASE LEADING TO NO. 265 UN CHAU STREET ON GROUND FLOOR AND OTHERS
- Citation
- [2024] HKDC 1484
- Court
- District Court
- Case number
- DCCJ4219/2018
Defendants failed to discharge the heavy burden of proving adverse possession: their evidence lacked compelling proof of requisite animus and in many respects was equivocal or inconsistent; documentary and witness evidence established a longstanding licence arrangement administered by the Owners' Association and continued by Ps/MVO with monthly nominal fees; occupation was therefore permissive and not adverse; plaintiffs are entitled to vacant possession and mesne profits at HK$700 per month from 1 May 2018 until delivery of possession; however the 4th defendant acquired possessory title to t…