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Mok Ching Ha v. Wong Yik Lung

Read the full judgment text of HCMP 4261/1997 on BabelCite. This High Court CFI judgment was delivered on 14 October 1998.

1. I am satisfied that the Plaintiff has been in adverse possession of Lots 1113 and 1618 in D.D. 1 Tung Chung for at least 20 years, in the case of Lot 1113 for at least 20 years prior to resumption by the Government in February 1997. The Plaintiff's case is made out by her own evidence on affirmation which is supported by 13 receipts from 1971 to 1997 which have been exhibited by the Plaintiff as "MCH-2" to her affirmation of 23rd December 1997. The amount of Crown rent in these 13 receipts ta

Cited by 1 case

Case No.HCMP 4261/1997
Court
High Court CFI
Date14 Oct 1998
Judge—
Case Document
100%Judiciary

HCMP004261/1997

HCMP No. 4261/97

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 4261 OF 1997

____________

IN THE MATTER of the land and premises known as Lots Nos. 1113 and 1618 in D.D. 1 Tung Chung Lantau Island, New Territories, Hong Kong Special Administrative Region

and

IN THE MATTER of Section 7, 17, and 38A of the Limitation Ordinance, Cap. 347, Laws of Hong Kong Special Administrative Region
BETWEEN
MOK CHING HA Plaintiff
AND
WONG YIK LUNG and/or his administrator(s), executor(s), heir(s) and assign(s) Defendant

____________

Coram: The Hon. Madam Justice Yuen in Court

Date of Hearing: 14 October 1998

Date of Judgment: 14 October 1998

______________

J U D G M E N T

______________

1. I am satisfied that the Plaintiff has been in adverse possession of Lots 1113 and 1618 in D.D. 1 Tung Chung for at least 20 years, in the case of Lot 1113 for at least 20 years prior to resumption by the Government in February 1997. The Plaintiff's case is made out by her own evidence on affirmation which is supported by 13 receipts from 1971 to 1997 which have been exhibited by the Plaintiff as "MCH-2" to her affirmation of 23rd December 1997. The amount of Crown rent in these 13 receipts tallies with the amount of the Crown rent for the two Lots in question, as shown by a letter from Government dated 28th July 1998 and exhibited as "MCH-1" to her affirmation of 6th August 1998.

2. Upon the Plaintiff by her counsel undertaking to file an affirmation to depose to the fact that it was the Plaintiff herself who had identified the lots in question to the surveyors who have filed a report to the court, I am also satisfied with the identification of the lots farmed by the Plaintiff as the lots in question.

3. In the circumstances, I am prepared to make an order in terms of paragraph 1 of the Originating Summons dated 9th December 1997 and I am prepared to make an order in terms of paragraph 2 as amended to read as follows:

"A declaration that the Plaintiff held a possessory title to Lot 1113 in D.D. 1 Tung Chung up to the date of resumption and has acquired a possessory title to Lot 1618 by possession thereof for a continuous period of not less than 20 years."

4. I make no order as to costs as the Defendant is absent. This order is not to take effect until after the filing and consideration by the court of the said supplemental affirmation to be filed by the Plaintiff within 7 days.

(MARIA YUEN)
Judge of the Court of First Instance
High Court

Representation:

Mr. Kent Yee instructed by M/s. Lousich & Co. for Plaintiff

Defendant in person, absent

Cited by 1 case

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