The Court was not persuaded as argued by counsel for the Defendant that the Plaintiff entered on and remained in occupation of the Parcels unlawfully. Given the applications and correspondence between the parties and given the visits to and inspections of the properties by its agents, the Defendant was aware of the Plaintiff’s occupation. The Court noted that in any event any unlawful entry must have been waived by the Defendant. The Court ordered the freehold to the properties be transferred to the Plaintiff for the prices of $30,800.00 and $73,500.00 respectively together with the survey and registration fees. It followed that the relief claimed by the Defendant on its counterclaim was refused.
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