4 Mar 2025
WONG HON WING (黃漢榮), WONG WAI SUN (黃維新) and WONG MAN HING (黃文興) as managers of WONG TUNG I or Yi Tong (alias TUNG YI TONG) (黃同義堂) (別名 同義堂) 對PERSON(S) UNKNOWN in occupation of the area known as or referred as Sub-Section 4 of Section A of Lot No. 2039 and the Remaining Portion of Section A of Lot No. 2039 in both Demarcation District No. 120, Yuen Long, New Territories 及另一人
- Citation
- [2025] HKDC 334
- Court
- District Court
- Case number
- DCMP1263/2020
The court refused leave because the pleaded defence and counterclaim sufficiently disclosed an adverse possession case, plaintiffs and their counsel had clear notice and engaged with that issue at trial, the evidence (including witness testimony and aerial material) supported a finding of exclusive adverse possession notwithstanding absence of fencing, and consequently the proposed grounds lacked a reasonable prospect of success; the stay was refused because no irreparable prejudice from execution was established.