20 Aug 2021
LAW YUK FONG v. PERFECT WIN DEVELOPMENT LTD AND OTHERS
- Citation
- [2021] HKCFI 2434
- Court
- Court of First Instance
- Case number
- HCA2695/2015
The plaintiff failed to discharge the high burden to prove non‑payment of rent from on or before 8 March 1996 and failed to prove both animus possidendi and exclusive possession of Lot 736 CEF for the requisite 20 years; moreover the evidence establishes an oral variation (grave sweeping in lieu of rent) creating a continuing tenancy. Therefore adverse possession was not made out and the defendants' counterclaims for possession succeed; only nominal mesne profits awarded.