11 May 2009
TSANG WING KIT ERIC AND ANOTHER v. THE OCCUPIER(S) AND OTHERS
- Citation
- TSANG WING KIT ERIC AND ANOTHER v. THE OCCUPIER(S) AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMP1154/2005
Court found on evidence that Plot 2 and Plot 3 formed the Subject Land and were leased to Luk Kee under an oral tenancy from 1982 which was terminated by notice effective 31 December 1994; accordingly limitation against the Plaintiff began at earliest 1 January 1995 (or after April 1998 when writ execution was resisted), the twelve year limitation applied, the Plaintiff's action of 3 June 2005 was within time, and the Defendants failed to prove exclusive adverse possession prior to the relevant dates, so Plaintiff was entitled to possession, nominal damages and costs.