plaintiff:
- BIRKENHEAD PROPERTIES AND INVESTMENTS LIMITED
defendant:
- LAM KAI-MAN (林啟文)
- PERSON(S) IN OCCUPATION OF THE LAND
jurisdiction_code: HKCFI
jurisdiction_name: Court of First Instance of the High Court of the Hong Kong Special Administrative Region
case_location:
- 香港特別行政區
- Hong Kong Special Administrative Region
case_reason: >-
  Birkenhead Properties and Investments Limited (原告) claims recovery of land against Lam Kai-man (被告),
  who is in possession of a plot registered as Lot No 769 (part) in Yuen Long, New Territories.
case_object:
- land ownership
judgment_result:
- charge: Lam's exclusive possession of the Area Shaded White except the Marshy Area (liability issue)
  result: Disallowed. The court found that Lam failed to establish continuous possession for a period
    of 12 years and thus did not have the necessary animus possidendi or adverse possession.
- charge: Plaintiff's other claims (quantum issue)
  result: Abandoned by the Plaintiff. The court noted that the Plaintiff has abandoned its other claims.
judgment_summary: >-
  Birkenhead Properties and Investments Limited sued Lam Kai-man for recovery of land in Yuen Long, New
  Territories. The core issue was Lam's claim of adverse possession over the Area Shaded White. The court
  found that Lam failed to establish continuous possession for 12 years and rejected his evidence as inconsistent
  and damaging to credibility. The plaintiff abandoned other claims. Thus, the court disallowed Lam’s
  exclusive possession and ordered him to vacate the land.
involved_entities:
- entity_name: Hon To J
  reason: Presiding judge in this case, responsible for fact-finding and adjudication.
- entity_name: Birkenhead Properties and Investments Limited
  reason: Plaintiff in the action for recovery of land.
- entity_name: Lam Kai-man (林啟文)
  reason: 1st Defendant, squatter in possession of the land.
- entity_name: Person(s) in Occupation of the Land
  reason: 2nd Defendant, squatter in occupation of the land.
