30 Nov 2015
CHU CHUNG SHING INVESTMENT CO LTD v. LAM CHUNG AND OTHERS
- Citation
- CHU CHUNG SHING INVESTMENT CO LTD v. LAM CHUNG AND OTHERS
- Court
- District Court
- Case number
- DCMP2773/2011
Defendants failed to prove continuous and exclusive possession for the requisite 20 years due to unreliable/suspect succession documents, reservations undermining exclusive possession and lack of credible evidence; consequently no possessory title or prescriptive easement accrued; defendants were trespassers and caused nuisance; demolition and removal of illegal structures was an appropriate remedy for safety and remedial reasons; damages of HK$106,063 and mesne profits at HK$5,000 per month awarded and injunction restraining reconnection of utilities granted; counterclaim dismissed.