Gurung, Tanuja v. Lam Chan Lily Yuk Mui

DCMP 227/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO 227 OF 2013

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J U D G M E N T

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1.This is the plaintiff’s application for reliefs set out in the originating summons.

2.The application is supported by the plaintiff’s affirmation and that of James Alexander Skelton.  There is ample documentary evidence to support the plaintiff’s case.  Such documentary evidence cannot be challenged.

3.I find that the facts unfolded in her affirmation are truthful.  I accept both affirmations. 

4.The plaintiff has clearly made out a case of adverse possession for a period in excess of 12 years before the commencement of these proceedings.

5.Hence, I make an order in terms of paragraphs 1, 2 and 3 of the originating summons.

(Discussion re costs)

6.No order as to costs of these proceedings.

Miss Belinda Ma, instructed by Fairbairn Catley Low & Kong, for the applicant

The defendant acting in present being absent