2 Dec 2025
LEI SHING HONG CREDIT LTD v. SAN TONG LEE CO LTD AND OTHERS
- Citation
- [2025] HKCFI 5503
- Court
- Court of First Instance
- Case number
- HCMP2525/2013
The adverse possession counterclaim was dismissed because (1) the pleadings were deficient and failed to plead the material facts necessary to establish animus possidendi; (2) the evidence failed to prove exclusive possession or the requisite intention — key witnesses were found unreliable and admissions showed most defendants lacked the requisite intention; (3) physical acts and enclosure before 1983 were insufficient to prove dispossession of the paper owner; accordingly LSH is entitled to vacant possession and Ds’ damages counterclaim is dismissed.