27 Feb 1997
WONG SHUI SANG and Others v. KUNG KWOK WAI DAVID and Another
- Citation
- WONG SHUI SANG and Others v. KUNG KWOK WAI DAVID and Another
- Court
- Court of Appeal
- Case number
- CACV227/1996
Applying the Privy Council decision in Lam Island, the Court of Appeal held the defendants had disclosed an arguable case of adverse possession which could not properly be struck out on the existing record; concurrently the pleaded facts sufficiently asserted the essential elements of proprietary estoppel (knowledge and non‑objection to substantial improvements) to survive a strike‑out challenge; the non‑disclosure of the 3rd defendant's death was not shown to be deliberate and can be remedied by appointment of a representative, so the appeal must be allowed and the action remitted to trial.