CHAN SUI TIM v. NG YUT NING

HCMP 2158/98

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS

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J U D G M E N T

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1. The plaintiff, Mr CHAN Sui-tim, who is an indigenous villager of Nam Pin Wai, claims to have been in adverse possession of Nam Pin Wai, Lot. No.199, in Demarcation District No.115, since 1952 when he moved into a vacant and dilapidated house there. In or about 1962 he rebuilt the house and continued to live there. The plaintiff has produced evidence going back for 26 years to show that the electricity account at the property has been in his name. The plaintiff's claim is further corroborated by Mr CHAN Sau, a village representative of Nam Pin Wai and Mr CHAN For-yau a village elder there. I am satisfied on the evidence before me, that the plaintiff has been in adverse possession of the property since 1952.

2. The property is registered in the name of the defendant, NG Yut-ning, who has been served by substituted service. The defendant has taken no part in these proceedings. The property has been registered in the defendant's name since 1929 when he acquired it for $140. He was the mortgagee of the property in 1928. He has been served by substituted service because his present whereabouts are unknown.

3. Now, there is no evidence whether the defendant is still with us. However, in the absence of evidence to the contrary, I think I may proceed on the assumption that the defendant is still alive. If the defendant was 21 in 1928, he will be 92 today, a ripe old age indeed, but not impossible. That being the case, he has been properly served by substituted service. In the circumstances I am prepared to make the following declarations: (1) that the plaintiff has been in adverse possession of Nam Ping Wai Lot No.199 in DD No.115 since 1952, (2) that the defendant's title to the property, that is to say, Nam Pin Wai Lot No.199 in Demarcation District No.115, has been extinguished pursuant to Section 17 of the Limitation Ordinance Cap.347. And I make these declarations accordingly.

Representation: