Read the full judgment text of DCMP 22/2019 on BabelCite. This District Court judgment was delivered on 5 July 2024 before His Honour Judge Alan Kwong.
Adverse possession – Part performance – Proprietary estoppel – Limitation Ordinance (Cap 347) – Transfer of title – Property registered to deceased nephew occupied since 1991 – Whether title extinguished by adverse possession – Yes, title extinguished in August 2003 – Whether part performance applies – Yes, 2007 Agreement concluded and performed – Whether proprietary estoppel applies – Yes, promise to transfer title and detrimental reliance – Plaintiff's claims dismissed; 2nd Defendant entitled to transfer of title; Plaintiff to pay costs.
Legal issues: Adverse Possession · Part Performance · Proprietary Estoppel
Outcome: Plaintiff's claims dismissed; 2nd Defendant's counterclaims allowed; Plaintiff ordered to transfer title to 2nd Defendant
Cited by 2 cases · Cites 19 cases