22 Mar 2010
YU KIT CHIU AND ANOTHER v. CHAN SHEK WOO t/a "陳潮昌士多"
- Citation
- YU KIT CHIU AND ANOTHER v. CHAN SHEK WOO t/a "陳潮昌士多"
- Court
- District Court
- Case number
- DCCJ5488/2003
Although the defendant had exclusive physical possession by the late 1960s, his signing of the 1970 Permit acknowledging the registered owner and the Plaintiffs' later consent communicated via the 1985-86 Waiver meant the occupation was by permission; the defendant failed to discharge the burden of proving the requisite animus possidendi; accordingly adverse possession was not established and the defendant must deliver possession and pay mesne profits.